1. Applicant’s Name: a. Application Date: 21 April 2015 b. Date Received: 15 May 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his bad conduct discharge to honorable and a change to the narrative reason for separation. The applicant seeks relief contending, in effect, he would like an upgrade of his discharge so that his actions as a young adult do not haunt him as a professional. He contends that he enlisted for two years. Two months prior to his ETS date, his unit received orders for another deployment. The deployment date was one month after his ETS date, but there was a 90-day window that caught him and many others for what ended up being a 15-month deployment. His situation at the time was more than just about himself. His mother was living in a homeless shelter, and his youngest brother was about to be emancipated with nowhere to go. He worked with the local Army Chaplin to apply for a Hardship Discharge but was denied by his company commander. He had passed his board for an E-5 promotion weeks prior but was denied rank unless he reenlisted. He was pulled aside personally and explained how valuable E-5s were and how his unit needed him more than his family. He disagreed and informed his commander that he would be refusing to train. He was court martialed and voluntarily pled guilty to all charges to expedite his discharge and returned home to his family. He contends he is not defending his actions, nor does he hold a grudge. The situation, he believes, was understandable for both sides, with the US acting in a time of war and he acting in a time of need. His list of charges were strictly military law, not civilian. In a records review conducted at Arlington, VA on 29 July 2016, and by a 5-0 vote, the Board determined that clemency is warranted based on family hardship and the infractions not deserving of a bad conduct discharge. Accordingly, the Board voted to grant full relief by upgrading the applicant’s characterization of service to honorable. A change in the reason for discharge is not authorized under Federal statute. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason/Authority/Codes/Characterization: Court-Martial Other / AR 635-200, Chapter 3 / JJD / RE-4 / Bad-Conduct Discharge b. Date of Discharge: 12 December 2008 c. Separation Facts: Pursuant to Special Court-Martial Empowered to Adjudge a Bad-Conduct Discharge: As announced by Special Court-Martial Order Number 24, dated 18 December 2007, on 14 August 2007, the applicant was found guilty of the Charge, in violation of Articles 86, 91, and 134, UCMJ. (2) Adjudged Sentence: a reduction to E-1, forfeiture of $500 pay per month for four months, confinement for 90 days, and to be discharged from the service with a bad-conduct discharge. (3) Date/Sentence Approved: 18 December 2007 / only so much of the sentence, a reduction E-1, forfeiture of $500 pay per month for four months, confinement for 90 days, and a bad conduct discharge was approve and, except for that part of the sentence extending to a bad conduct discharge, would be executed. (4) Appellate Reviews: The record of trial was forwarded to The Judge Advocate General of The Army for review by the Court of Military Review. The United States Army Court of Criminal Appeals affirmed the approved findings of guilty and the sentence. (5) Date Sentence of BCD Ordered Executed: 1 August 2008 4. SERVICE DETAILS: a. Date/Period of Enlistment: 18 May 2005 / 2 years and 16 weeks b. Age at Enlistment/Education/GT Score: 18 / HS Graduate / 109 c. Highest Grade Achieved/MOS/Total Service: E-4 / 11B10, Infantryman / 3 years, 4 months, and 12 days d. Prior Service/Characterizations: None e. Overseas Service/Combat Service: SWA / Iraq (12 November 2006 – 24 July 2006) f. Awards and Decorations: AAM, NDSM, GWTSM, ICM-CS, ASR, OSR, CIB g. Performance Ratings: N/A h. Disciplinary Action(s)/Evidentiary Record: See paragraph 3c(2) i. Lost Time: Confinement military authority 75 days (16 July 2007 – 28 September 2007) DD Form 214 reflects 441 days of excess leave (29 September 2007 – 12 December 2008) j. Diagnosed PTSD/TBI/Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: Online application, dated 21 April 2015, and DD Form 214. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application. 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 a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and 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 she 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. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. It identifies the SPD code of "JJD" as the appropriate code to assign enlisted Soldiers who are discharged under the provisions of Army Regulation 635-200, Chapter 3, court-martial, other. The SPD Code/RE Code Cross Reference Table shows that a Soldier assigned an SPD Code of "JJD" will be assigned an RE Code of 4. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his bad conduct discharge to honorable and a change to the narrative reason for separation. The applicant’s record of service, the issues and documents submitted with his application were carefully reviewed. The service record indicates the applicant was adjudged guilty by a court-martial and the sentence was approved by the convening authority. 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’s request to change his narrative reason for discharge was noted; however, the appropriate SPD code and narrative reason for discharge to assign enlisted Soldiers who are discharged as a result of court-martial, other is “JJD” and the RE code is 4. The regulation further stipulates that no deviation is authorized. The applicant seeks relief contending, his misconduct was the result of issues with his family and not just about himself. However, he had many legitimate avenues through which to obtain assistance or relief and there is no evidence in the record that he ever sought such assistance before committing the misconduct which led to the separation action under review. The applicant expressed his desire for an upgrade of his discharge for the purpose of ensuring that his actions as a young adult do not haunt him as a professional. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. 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 DETERMINATION: In a records review conducted at Arlington, VA on 29 July 2016, and by a 5-0 vote, the Board determined that clemency is warranted based on family hardship and the infractions not deserving of a bad conduct discharge. Accordingly, the Board voted to grant full relief by upgrading the applicant’s characterization of service to honorable. A change in the reason for discharge is not authorized under Federal statute. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: General (Under Honorable Conditions) c. Change Reason to: No Change d. Change SPD/RE Code to: No Change e. Restore (Restoration of) Grade to: NA 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 BH – Behavioral Health HD - Honorable Discharge OAD - Ordered to Active Duty SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OMPF - Official Military Personnel File TBI – Traumatic Brain Injury CID - Criminal Investigation Division MP – Military Police – PTSD – Post-Traumatic Stress Disorder UNC - Uncharacterized Discharge ELS – Entry Level Status MST – Military Sexual Trauma RE - Reentry UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150008872 4