1. Applicant's Name: a. Application Date: 17 November 2015 b. Date Received: 23 November 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his bad conduct discharge to general (under honorable conditions) or honorable. The applicant seeks relief contending, in pertinent part and in effect, going AWOL was by far the worst he has ever done in his life. He disgraced himself, his unit, and his country. He was young and immature at the time and has learned from his mistakes. An upgrade would provide for his continued endeavor in bettering himself as a person and as a man. In a records review conducted at Arlington, VA on 8 March 2017, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. (Board member names available upon request) 3. DISCHARGE DETAILS: a. Reason / Authority / Codes / Characterization: Court-Martial, Other / AR 635-200, Chapter 3, Section IV / JJD / RE-4 / Bad Conduct b. Date of Discharge: 29 July 2003 c. Separation Facts: (1) Pursuant to Special Court-Martial Empowered to Adjudge a Bad-Conduct Discharge: As announced by Special Court-Martial Order Number 10, dated 2 April 2002, the applicant was found guilty of the following charges: Charge I: two specifications of violating Article 86, UCMJ, for being AWOL on 25 June 2001, until 12 July 2001, and on 3 August 2001, until 7 August 2001. Charge II: three specifications of violating of Article 87, UCMJ, for missing movement on three separate occasions on 19 June 2001 and 26 June 2001, by design and 6 August 2001, by neglect. (2) Adjudged Sentence: On 8 January 2002, a reduction to E-1, confinement for 90 days, and to be discharged from the service with a bad-conduct discharge. (3) Date Sentence Approved: 2 April 2002, 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. On 11 September 2002, the United States Army Court of Criminal Appeals affirmed the approved findings of guilty and the sentence. (5) Date Sentence of BCD Ordered Executed: 28 March 2003 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 January 2001 / 2 years (retained for the convenience of the government for 1,005 days b. Age at Enlistment / Education / GT Score: 17 / HS Graduate / 99 c. Highest Grade Achieved / MOS / Total Service: E-5 / 14S10, Avenger Crewmember / 6 years, 9 months, 1 day (includes involuntary excess leave for 494 days from 23 March 2002 to 29 July 2003) d. Prior Service / Characterizations: RA, 15 August 1996 to 6 October 1998 / HD RA, 7 October 1998 to 17 January 2001 / HD e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: ASR; OSR g. Performance Ratings: December 2000 thru March 2001, Marginal h. Disciplinary Action(s) / Evidentiary Record: Special Court-Martial Order No. 10, dated 2 April 2002, promulgates the findings of guilty and adjudged sentence, and the approval of the sentence. United States Army Court of Criminal Appeals Decision, dated 11 September 2002, affirmed the findings of guilty and sentence. Special Court-Martial Order No. 50, dated 28 March 2003, promulgates the affirmed sentence and ordered the BCD to be executed. FG Article 15, dated 29 March 2001, for being AWOL (12 March 2001 until 20 March 2001). The punishment consisted of a reduction to E-4, forfeiture of $760 pay per month for two months, and 45 days of extra duty and restriction. i. Lost Time / Mode of Return: 74 days (Military confinement, 8 January 2002 to 22 March 2002) / completion of required time j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293; DD Form 214; and SPCM Orders 10 and 50. 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 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. 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 general (under honorable conditions) or honorable. The applicant's record of service, and the issues and documents submitted with his application were carefully reviewed. The record confirms there was full consideration of all faithful and honorable service, as well as, the misconduct incident. 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 Army Discharge Review Board (ADRB) 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. 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 the charge 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. The applicant contends that he was young and immature at the time of the discharge. The record shows the applicant met entrance qualification standards to include age. There is no evidence to indicate the applicant was any less mature than other Soldiers of the same age who successfully completed military service. The applicant contends an upgrade would help in bettering himself, perhaps through having better job opportunities and the benefits of the GI Bill. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. Further, eligibility for veteran's benefits to include educational benefits under the Post-9/11 or Montgomery GI Bill 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. 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 8 March 2017, and by a 3-2 vote, the Board denied the request upon finding the separation was both proper and equitable. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214 / Issue a New Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change SPD / RE Code to: No Change e. Restore (Restoration of) Grade to: No Change Authenticating Official: Legend: AWOL - Absent Without Leave GD - General Discharge NCO - Noncommissioned Officer 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 NOS - Not Otherwise Specified SPD - Separation Program Designator CG - Company Grade Article 15 IADT - Initial Active Duty Training OAD - Ordered to Active Duty TBI - Traumatic Brain Injury CID - Criminal Investigation Division MP - Military Police OMPF - Official Military Personnel File UNC - Uncharacterized Discharge ELS - Entry Level Status MST - Military Sexual Trauma PTSD - Post-Traumatic Stress Disorder UOTHC - Under Other Than Honorable Conditions FG - Field Grade Article 15 NA - Not applicable RE - Reentry VA - Veterans Affairs ARMY DISCHARGE REVIEW BOARD CASE REPORT AND DIRECTIVE AR20150018427 1