1. Applicant's Name: a. Application Date: 12 July 2016 b. Date Received: 21 July 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). The applicant seeks relief contending, in effect, his actions at the time of his discharge were deplorable and not of military standards. Everyday he regrets how things happened. Now, he is a changed man and would go back to work tomorrow. He states, if it were possible to return, he would help shape and mold the minds of young Soldiers in a positive way to ensure that they do not make the same mistakes as he did. He loves the Army and desires to right his wrongs. He is thankful for the Board's compassion and understanding in his request. In a records review conducted at Arlington, VA on 22 September 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: 29 April 2011 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 24 January 2011, on 20 November 2009, the applicant was found guilty of the following: Charge, Thirteen Specifications, in violation of Article 123a: Plea: Guilty, Finding: Guilty. The applicant with intent to deceive and for payment of past due obligation, to wit: wrongfully and unlawfully deliver to AAFES, a certain check for the payment of money upon USAA Federal Savings Bank, Take it Home Today Card and Military Star Card, in words and in figures as follows: Specification 1: Diverse occasions between 12 and 19 November 2008, through various entities to include Military Star Card, Take it Home Today Card and AAFES, at an amount over $500. Plea: Not Guilty, Finding: Guilty Specification 2: On or about 13 November 2008, Take it Home Today Card, $1,100. Plea: Not Guilty, Finding: Guilty Specification 3: On or about 14 November 2008, Military Star Card, $1,200. Plea: Not Guilty, Finding: Not Guilty Specification 4: On or about 17 November 2008, Military Star Card, $1,300. Plea: Not Guilty, Finding: Not Guilty Specification 5: On or about 17 November 2008, Military Star Card, $1,000. Plea: Not Guilty, Finding: Not Guilty Specification 6: On or about 17 November 2008, Take it Home Today Card, $900. Plea: Not Guilty, Finding: Not Guilty Specification 7: On or about 17 November 2008, Take it Home Today Card, $1,300. Plea: Not Guilty, Finding: Not Guilty Specification 8: On or about 18 November 2008, Military Star Card, $900. Plea: Not Guilty, Finding: Not Guilty Specification 9: On or about 18 November 2008, Take it Home Today Card, 1,600. Plea: Not Guilty, Finding: Not Guilty Specification 10: On or about 19 November 2008, check, $54.95. Plea: Not Guilty, Finding: Not Guilty Specification 11: On or about 19 November 2008, check, $418.95. Plea: Not Guilty, Finding: Not Guilty Specification 12: On or about 19 November 2008, Military Star Card, $1,200. Plea: Not Guilty, Finding: Guilty Specification 13: On or about 19 November 2008, Military Star Card, $1,000. Plea: Not Guilty, Finding: Not Guilty (2) Adjudged Sentence: Reduction to E-1; to be confined for 35 days, and to be discharged from the service with a Bad Conduct discharge. (3) Date/Sentence Approved: 13 April 2010 / only so much of the sentence, a reduction E-1, confinement for 35 days, 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: 24 January 2011 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 March 2006 / 3 years b. Age at Enlistment / Education / GT Score: 20 / GED / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92S10, Shower / Laundry / Clothing Repair Specialist / 5 years, 14 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (29 July 2007 - 13 October 2008) f. Awards and Decorations: ARCOM, AAM, NDSM, GWOTSM, ICM-CS, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Special Court-Martial Order as described in previous paragraph 3c. Two Personnel Action forms, reflect the applicant's duty status changed as follows: From "Present for Duty (PDY)" to "Confined by Military Authorities (CMA)," effective 20 November 2009; and, From "CMA" to "PDY," effective 19 December 2009. i. Lost Time / Mode of Return: 28 days (CMA, 20 November 2009 - 18 December 2009) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293. 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. 8. DISCUSSION OF FACT(S): The applicant requests an upgrade of his bad conduct discharge to a general (under honorable conditions) discharge. 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 contends that an upgrade of his discharge will allow him to obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant has expressed a desire to rejoin the Military Service. However, Soldiers being processed for separation are assigned reentry codes based on their service records or the reason for discharge. Based on Army Regulation 635-5-1 and the SPD Code/RE Code Cross Reference Table, the applicant was appropriately assigned an RE code of 4. An RE code of 4 cannot be waived and the applicant is no longer eligible for reenlistment. 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 22 September 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 new Separation Order: No b. Change Characterization to: No Change c. Change Reason to: No Change d. Change Authority to: No Change e. SPD/RE Code Change to: No Change f. Restoration to Grade: 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 AR20160013298 1