ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 15 July 2019 DOCKET NUMBER: AR20160016602 APPLICANT REQUESTS: His bad conduct discharge (BCD) be upgrade to an honorable discharge or a general discharge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 293 (Application for the Review of Discharge from the Armed Forces of the United States), dated 2 June 2016 in lieu of DD Form 149 (Application for Correction of Military Record Under the Provisions of Title 10, U.S. Code, Section 1552) * a self-authored statement (undated) FACTS: 1. The applicant states: a. Without an upgrade of his discharge, he will be unable to get the help he needs for mental and physical injuries he received during his deployment to Iraq. He was a gunner when he was struck by two roadside bombs. b. He has been unable to obtain the help and treatment he has needed since his discharge from the military in 2002 [sic] because of his BCD. The mental toll that has come with the type of discharge he received has been difficult in its own right. Since leaving the military, he has done all he can to uphold the values the Army taught him. He has done his due diligence to stay positive throughout the years. c. He is dealing with the pain and suffering of what happened during his deployment the best that he can but he fears that if he does not get help soon, it will be too late and the damage will be irreversible. He is in pain and discomfort every second of every day. His life has been very difficult and he knows that what happened has affected him psychologically. d. Losing out on life experiences and opportunities has not deterred him but at this time his steel and resolve are dwindling fast. Please find him worthy of an honorable discharge so he can get the help that he so desperately needs. 2. The applicant enlisted in the Regular Army on 8 July 2002. He completed training as a cavalry scout. 3. The applicant was placed in an excess leave status on 21 February 2006. 4. General Court-Martial Order Number 31, issued by Headquarters, I Corps and Fort Lewis, WA on 10 May 2006, shows the applicant was convicted on 20 January 2006, pursuant to his pleas, of violating a lawful general regulation by wrongfully having a woman in his barracks room after visitation hours and six specifications of wrongfully using marijuana between 24 May and 15 September 2005. He was sentenced to a reduction to pay grade (E-1), forfeiture of all pay and allowances, and separation from service with a BCD. 5. The convening authority approved the sentence as adjudged and except for that portion pertaining to his BCD, the convening authority ordered the sentence executed. 6. General Court-Martial Order Number 344, issued by Headquarters, U.S. Army Field Artillery Center and Fort Sill, OK on 20 December 2007, noted that the sentence had been finally affirmed, ordered that the portion of the sentence subjecting the applicant to excessive forfeitures not be affirmed, and ordered that the BCD be executed. 7. The applicant's record is unclear as to the cause of his excess delay in his discharge processing and the excessive period of excess leave. However, DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was still in an excess leave status when Orders 203-1324 were published by the U.S. Army Installation Management Command on 22 July 2014. These orders reassigned him to the U.S. Army Transition Point for transition processing, effective 22 July 2014. 8. The applicant was discharged on 22 July 2014, under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 3, as a result of a duly reviewed and affirmed general court-martial conviction. His DD Form 214 confirms he received a BCD. 9. Army Regulation 635-200, in affect at that time, set forth the policies, standards, and procedures to insure the readiness and competency of the force while providing for the orderly administrative separation of enlisted members for a variety of reasons. 10. The Board should consider the applicant's statement in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After review of the application and all evidence, the Board determined relief is not warranted. The applicant’s contentions were carefully considered. The Board applied Department of Defense standards of liberal consideration to the complete evidentiary record and did not find any evidence of error, injustice, or inequity. He did not provide character witness statements or evidence of post-service achievements for the Board to consider. Based upon multiple offenses of a criminal nature, as well as the failure to accept responsibility and show remorse for the events leading to his separation, the Board agreed that the applicant's discharge characterization was warranted as a result of the misconduct. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 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. REFERENCES: 1. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a states 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. b. Paragraph 3-7b states 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. c. Paragraph 3-11 provides that a Soldier will be given a BCD pursuant only to an approved sentence of a general or special court-martial. The appellate review must be completed and the affirmed sentence duly executed. 2. The Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records on 25 July 2018, regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. Boards for Correction of Military/Naval Records may grant clemency regardless of the court-martial forum. However, the guidance applies to more than clemency from a sentencing in a court-martial; it also applies to any other corrections, including changes in a discharge, which may be warranted on equity or relief from injustice grounds. a. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, Boards shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. b. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. ABCMR Record of Proceedings (cont) AR20160016602 4 1