1. Applicant's Name: a. Application Date: 11 December 2015 b. Date Received: 14 December 2015 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of his bad conduct discharge to honorable. The applicant seeks relief contending, in effect, he desires the upgrade based on his many years of service. The applicant raised no issues of propriety or equity. In a records review conducted at Arlington, VA on 8 March 2017, and by a 5-0 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 / JJD / RE-4 / Bad Conduct b. Date of Discharge: 18 July 2008 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 8 July 1992, on 20 May 1992, the applicant was found guilty of the Charge, in violation of Article 121, UCMJ, Larceny of property other than military property of a value of $398.70, the property of the Army and Air Force Exchange Service, on or about 6 March 1992. (2) Adjudged Sentence: a reduction to E-1, forfeiture of $500 pay per month for six months, and to be discharged from the service with a bad-conduct discharge. (3) Date/Sentence Approved: 17 July 1992 / only so much of the sentence, a reduction to the grade of E-1, forfeiture of $500 pay per month for six months, and a bad conduct discharge was approved 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: 17 September 1997 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 November 1987 / 6 years / The applicant extended his enlistment for a period of nine months on 1 August 1991, giving him a new ETS of 11 August 1994. The applicant's service record does not contain any other reenlistment or extensions. The applicant's DD Form 214, reflects he was retained in service 5,090 days for the Convenience of the Government. b. Age at Enlistment / Education / GT Score: 30 / HS Graduate / NIF c. Highest Grade Achieved / MOS / Total Service: E-6 / 31U10, Signal Support System Specialist / 30 years, 11 months, 9 days d. Prior Service / Characterizations: USAR, 10 August 1977 to 23 August 1977 / NA RA, 24 August 1977 to 19 August 1980 / HD RA, 20 August 1980 to 15 August 1983 / HD RA, 16 August 1983 to 15 January 1985 / HD RA, 16 January 1985 to 11 November 1987 / HD e. Overseas Service / Combat Service: Germany / None f. Awards and Decorations: ARCOM-2, AAM-3, AGCM-4, NDSM, ASR (Note: The applicant's record reflects he was awarded the ARCOM-2, AAM-3 and an AGCM; however, these awards are not reflected on the applicant's DD Form 214.) g. Performance Ratings: June 1988 thru August 1990, Fully Capable October 1990 thru April 1991, Fully Capable May 1991 thru September 1991, Fully Capable October 1991 thru June 1992, Marginal h. Disciplinary Action(s) / Evidentiary Record: Special Court-Martial as described in preceding paragraph 3c(1). i. Lost Time / Mode of Return: None j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, with all allied documents listed in block 8 of the application. 6. POST SERVICE ACCOMPLISHMENTS: None submitted with his 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his bad conduct discharge to honorable. The applicant's available 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 applicant desires the upgrade based on his many years of service. However, 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 record is void of the specific circumstances that occurred after his sentence was adjudged on 20 May 1992 and when it was affirmed on 17 September 1997. The record is void of any documents to reflect the reason he was retained on active duty for 5090 days after his discharge was ordered executed. 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 5-0 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 AR20160000651 1