1. APPLICANT’S NAME: a. Application Date: 27 May 2014 b. Date Received: 16 June 2014 c. Counsel: NA 2. REQUEST, REASON, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his bad conduct discharge to general, under honorable conditions. He states, since his discharge he has been unemployed and homeless for over a year and desires to receive some benefits. In a records review conducted on 24 July 2015, and by a 5-0 vote, the Board denied the request finding the separation was both proper and equitable. (The Board member names are available upon request.) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Court-Martial, Other, AR 635-200, Chapter 3, JJD, RE-4, Bad Conduct b. Date of Discharge: 30 August 2013 c. Separation Facts: (1) Date of Notification of Intent to Separate: None (2) Basis for Separation: The applicant was found guilty by a special court-martial of the following offenses: a. being AWOL from 27 September 2010 until 7 May 2011 b. possessing drug paraphernalia, to wit: two digital scales on 28 July 2010 c. using marijuana on 2 July 2010, and d. introducing 22 individually wrapped bags of marijuana onto an installation used by the armed forces between 5 July 2010 and 28 July 2010. (3) Recommended Characterization: Bad Conduct Discharge (4) Legal Consultation Date: 11 January 2012 (5) Administrative Separation Board: NA (6) Separation Decision Date/Characterization: 11 January 2012/Bad Conduct Discharge 4. SERVICE DETAILS: a. Date/Period of Enlistment: 21 June 2007/4 years b. Age at Enlistment/Education/GT Score: 18 years/HS Graduate/110 c. Highest Grade Achieved/MOS/Total Service: E-4/11B10, Infantryman/5 years, 3 months, 5 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA/Afghanistan, 19 February 2009-9 January 2010 f. Awards and Decorations: ACM-CS, ARCOM, NDSM, GOWTSM, ASR, OSR, NATO MDL g. Performance Ratings: NA h. Disciplinary Action(s)/Evidentiary Record: Special Court-Martial (SCM) Order Number 47, dated 1 August 2013, SCM Order Number 2, dated 11 January 2012, DA Form 4430 (DA Report of Result of Trial), dated 15 June 2011, three CID Reports, dated 3 August 2010, 31 August 2010 and 8 October 2010, a MP Report, dated 9 May 2011, an offer to plead guilty memorandum, dated 27 July 2011, DA Form 458 (Charge Sheet), dated 8 July 2011, four DA Forms 4187, dated between 27 September 2010 and 10 May 2011. The applicant received five counseling statements, dated between 12 May 2011 and 5 September 2011, for being AWOL and his monthly performance counseling. i. Lost Time: 335 days/Excess Leave 548 days (120301-130830) j. Diagnosed PTSD/TBI/Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: The applicant provided a DD Form 293, letter from the National Personnel Records Center, dated 11 June 2014, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None 7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 3, Section IV establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and that the appellate review must be completed and the affirmed sentence ordered duly executed. Because relevant and material facts stated in a court-martial specification are presumed by the ADRB to be established facts, issues relating to the applicant’s innocence of charges for which he was found guilty cannot form a basis for relief. With respect to a discharge adjudged by a special court-martial, the action of the ADRB is restricted to upgrades based on clemency. Clemency is an act of leniency that reduces the severity of the punishment imposed. 8. DISCUSSION OF ISSUE(S): The applicant seeks relief contending he has been unemployed and homeless for over a year and would like access to some benefits for assistance. The applicant requests an upgrade of the characterization of his discharge. However, after examining the applicant’s record of service, his military records, and the issues submitted with the application, there are insufficient mitigating factors to warrant clemency. The record shows on 16 September 2011, the applicant was found guilty by a special court-martial of the offenses listed in paragraph 3c(2) above. He was sentenced to be discharged with a bad conduct discharge, reduction to the grade of E-1, forfeiture of $900 pay per month for five months, and five months confinement. On 11 January 2012, the sentence was approved. The record of trial was forwarded to the Judge Advocate General of the Army for review by the Court of Military Review and on 8 February 2013, the United States Court of Military Review affirmed only so much of the finding of guilty of specification two of Charge III and found that the applicant did between on or about 5 July 2010 and on or about 28 July 2010, wrongfully introduce 22 individually wrapped bags of marijuana onto an installation used by the armed forces, to wit: Fort Drum, NY. The remaining findings of guilty were also affirmed. On 1 August 2013, the sentence was ordered to be executed and the applicant was discharged from the Army on 30 August 2013, with a bad conduct discharge, separation code of JJD, and a reentry code of 4. Court-martial convictions stand as adjudged or modified by appeal through the judicial process. The Board is empowered to change the discharge 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. The applicant contends that he has been homeless and unemployed for over a year and wish to receive some benefits for assistance. However, eligibility for housing supportive program benefits for Veterans does not fall within the purview of the Army Discharge Review Board. Accordingly, the applicant should contact a local office of the Department of Veterans Affairs for further assistance. Moreover, all Veterans at risk for homelessness or attempting to exit homelessness can request immediate assistance by contacting the National Call Center for Homeless Veterans hotline at 1-877-424-3838 for free and confidential assistance. Further, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The records show the discharge was consistent with the procedural and substantive requirements of the regulation, was within the discretion of the separation authority and the applicant was provided full administrative due process. 9. BOARD ACTION DIRECTED: a. Issue a new DD-214/Issue new Separation Order: No b. Change characterization to: No Change c. Change Reason to: NA d. SPD/RE Code Change to: No Change e. Restoration to Grade: No Change Authenticating Official: COL, US ARMY Presiding Officer Army Discharge Review Board Legend: AWOL - Absent Without Leave GD - General Discharge NA - Not applicable SCM- Summary Court Martial BCD - Bad Conduct Discharge HS - High School NIF - Not in File SPCM - Special Court Martial CG - Company Grade Article 15 HD - Honorable Discharge OAD - Ordered to Active Duty UNC - Uncharacterized Discharge CID - Criminal investigation Department MP – Military Police OMPF - Official Military Personnel File UOTHC - Under Other Than FG - Field Grade IADT – Initial Active Duty Training RE - Reentry Honorable Conditions ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20140010750 1