1. Applicant’s Name: a. Application Date: 7 May 2016 b. Date Received: 19 May 2016 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 uncharacterized. The applicant seeks relief contending, in pertinent part and in effect, since his discharge, he has been a productive member of society in many different ways. He has been living, and working in Florida for the past five years and at the same job for the last four years. He recently graduated from the Florida Law Enforcement Certification Program. He also took and passed the Florida State Law Enforcement exam. He is currently looking at four local police departments for employment as an officer of the law. He realizes the mistakes he made during his Army career, at a younger and more immature age, not only let his unit and fellow Soldiers down, but also his country and his family’s honor. That is an extremely painful reality, which he has to live with for the rest of his life. As a police officer he can, not only help keep his community safe, but also help the youth of tomorrow not make the mistakes he made. Whenever possible, he attends service at his local Baptist Church, where he received some of the best advice and guidance. He is engaged to a wonderful woman, who has a nine-year-old daughter. Her father abandoned her when she was about three years old. The little girl is now the biggest part of his life, whom he would like to be able to provide for and help take care of the family. The reasons he stated are the main reasons for asking for the Board’s forgiveness. In a records review conducted at Arlington, VA on 27 July 2017, and by a 5-0 vote, the Board finding no cause for clemency and upon finding the separation was both proper and equitable, denied the request. (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: 24 June 2011 c. Separation Facts: (1) Pursuant to Special Court-Martial Empowered to Adjudge a Bad-Conduct Discharge: As promulgated by Special Court-Martial Order Number 25, dated 9 June 2010, the applicant was found guilty of the following charge (as amended): The Charge: Three Specifications of violating Article 86, UCMJ, as follows: Specification 1: for being AWOL on 17 February 2009, until on 18 September 2009. Specification 2: for being AWOL on 17 October 2008, until 21 October 2008. Specification 3: for being AWOL on 4 November 2008, until 4 February 2009. (2) Adjudged Sentence and Date: Reduction to the grade of Private/E-1; to be confined for 10 months; forfeiture of $1,081 pay per month for 10 months; and to be discharged from the service with a bad-conduct discharge, was adjudged on 20 January 2010. (3) Date Sentence Approved: 9 June 2010 (Only so much of the sentence as provided for reduction to the grade of Private/E-1, confinement for six months, forfeiture of $964 pay per month for 10 months, and discharge from the service with a Bad Conduct Discharge was approved and, that except for that part of the sentence extending to a Bad Conduct Discharge, would be executed.) (4) Appellate Reviews: NIF; however, according to SPCM Order No. 29, dated 10 March 2011, the promulgated sentence of SPCM Order No. 25, dated 9 June 2010, as corrected by the United States Army Court of Criminal Appeals Notice of Court-Martial Order Correction, dated 19 October 2010, had been affirmed. (5) Date Sentence of BCD Ordered Executed: 10 March 2011 (Special Court-Martial Order Number 29) 4. SERVICE DETAILS: a. Date / Period of Enlistment: 25 May 2007 / 3 years, 16 weeks b. Age at Enlistment / Education / GT Score: 23 / GED / 95 c. Highest Grade Achieved / MOS / Total Service: E-3 / 11B10, Infantryman / 1 year, 11 months, 16 days (includes involuntary excess leave, creditable for all purposes except pay and allowances for 335 days (25 July 2010 to 24 June 2011) d. Prior Service / Characterizations: None / NA e. Overseas Service / Combat Service: None / None f. Awards and Decorations: NDSM; GWOTSM; ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Special Court-Martial Order No. 25, dated 9 June 2010, is described at paragraphs 3c(1) to (3). Special Court-Martial Order No. 29, dated 10 March 2011, promulgates the affirmation of the sentence, and orders the execution of the Bad Conduct Discharge. i. Lost Time / Mode of Return: 454 days AWOL: (17 October 2008 to 21 October 2008, for 5 days); (4 November 2008 to 4 February 2009, for 93 days); and (17 February 2009 to 18 September 2009, for 214 days), a total of 312 days / Note that Report of Return of Absentee, dated 21 December 2009, shows the applicant was apprehended by civil authorities on 21 December 2009, and DD Form 214 and SPCM Order No. 25 show different dates of latter AWOL period. Military Confinement: (20 January 2010 to 10 June 2010), for 142 days j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 17 May 2016. 6. POST SERVICE ACCOMPLISHMENTS: The applicant, states in effect, that since his discharge, he has been a productive member of society. He has been employed for the past five years, and at the same job for the last four years. He recently graduated from the Florida Law Enforcement Certification Program, and passed the Florida State Law Enforcement exam. 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 uncharacterized. The applicant’s available record of service and the issues 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 incidents. 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. There is no evidence in the record, nor has the applicant produced any evidence based on clemency, to support a change to the characterization of service granted. Regarding the applicant’s request for an uncharacterized discharge, an uncharacterized description of service applies only for Soldier, who are in an entry-level-status. For Regular Army Soldiers, entry-level status is the first 180 days of continuous AD or the first 180 days of continuous AD following a break of more than 92 days of active military service. As such, after 180 days of continuous active duty, the applicant was no longer in an entry-level-status; therefore, an uncharacterized discharge is inapplicable in his case. The applicant contends he made the mistakes while he was young and immature, which led to his 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 that he is looking at four local police departments for employment as an officer of law, perhaps an indication that an upgrade of his discharge would allow him to obtain employment with a police department. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. In consideration of the applicant's post-service achievements and accomplishments, the Board can find that his accomplishments were or were not sufficiently mitigating to warrant an upgrade of his characterization of service. 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 27 July 2017, and by a 5-0 vote, the Board finding no cause for clemency and upon finding the separation was both proper and equitable, denied the request. 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 Authority to: No Change e. Change SPD / RE Code to: No Change f. 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 AR20160009582 3