IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150008867 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x___ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150008867 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________x____________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 28 April 2016 DOCKET NUMBER: AR20150008867 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests his bad conduct discharge be upgraded to honorable. 2. He states, in effect, that he served proudly and honorably, risking his life in Afghanistan to protect this country’s freedoms. He further contends that he was in trouble once and that mistake ended his career. Although he takes full responsibility for his actions, he believes that a bad conduct discharge was unjust. 3. He provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 24 April 2015. CONSIDERATION OF EVIDENCE: 1. He enlisted in the Regular Army on 13 November 2003 and served as a unit supply specialist. The highest rank/grade held was staff sergeant (SSG/E-6). 2. The applicant served in Afghanistan during the following periods: * 3 March 2005 to 5 March 2006 * 9 May 2007 to 4 August 2008 * 3 May to 25 May 2012 * 3 to 21 January 2013 3. A review of his Official Military Personnel File shows while assigned to Fort Bragg, NC, he accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice for wrongfully using his government travel card and presented multiple travel vouchers for more than $150.00 of fraudulent personal expenses. 4. On 16 December 2013, he pled guilty to and was convicted by a general court-marital of one specification each: * wrongfully possessing 250 grams of marijuana with intent to distribute on or about 1 July 2013 * making a false statement to his first sergeant 5. He was sentenced to reduction to private/E-1, confinement for 10 months, and a bad conduct discharge. The general court-martial convening authority subsequently approved his sentence, except for that part of the sentence extending to a bad conduct discharge. 6. His record does not contain documents showing when his sentence was affirmed and complied with, but on 24 April 2015, he was discharged from the Army. 7. The DD Form 214 he was issued shows he was discharged as a result of court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), chapter 3, with a bad conduct characterization of service. He completed 7 years of active service this period of which the period from 16 December 2013 to 7 March 2014 was lost time due to being in confinement. Item 18 (Remarks) of his DD Form 214 contains the entry "Continuous Honorable Active Service 20031113-20080122." REFERENCES: 1. Army Regulation 635-8 (Separation Processing and Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active service, retirement, or discharge. For Soldiers who have previously reenlisted without being issued a DD Form 214 and are separated with any characterization of service except honorable, enter "Continuous Honorable Active Service From (first day of service which DD Form 214 was not issued) until (date before commencement of current enlistment)." 2. Army Regulation 635-200 sets forth the basic policy governing the separation of enlisted personnel. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. 3. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. 4. Court-martial convictions stand as adjudged or modified by appeal through the judicial process. In accordance with Title 10, U.S. Code, section 1552, the authority under which this Board acts, the Army Board for Correction of Military Records (ABCMR) is not empowered to set aside a conviction. Rather, it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate. Clemency is an act of mercy or instance of leniency to moderate the severity of the punishment imposed. DISCUSSION: 1. The applicant requests his bad conduct discharge be upgraded to honorable. 2. His disciplinary record includes NJP for fraudulent use of his government travel card and a general court-martial conviction for drug possession with intent to distribute and making a false statement. Both were serious offenses given the applicant was a SSG/E-6 when he committed this misconduct. 3. His trial by a general court-martial was warranted by the gravity of the offenses charged. His conviction, confinement, and discharge were effected in accordance with applicable laws and regulations and his discharge appropriately characterized the misconduct for which he was convicted. 4. By law, any redress by the ABCMR of the finality of a court-martial conviction is prohibited. The ABCMR is only empowered to change a discharge if clemency is determined to be appropriate to moderate the severity of the sentence imposed. His misconduct does not meet the criteria for an honorable or a general discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008867 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008867 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2