1. Applicant's Name: a. Application Date: 20 December 2016 b. Date Received: 23 December 2016 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge. Additionally, the applicant requests a narrative reason change. The applicant seeks relief contending, in effect, in January 2011, the applicant committed the greatest fault of his life. Not only did the applicant soil the military career, but also an oath to the Nation. The applicant states that tee shame is great and is something that the applicant ponders daily. After deployment, the applicant smoked cannabis, but instead should have been thinking about a military career. The applicant was blinded by arrogance, negligence and complete lack of discipline. Only after it was too late, did the applicant see how poor the choices were. Today, the applicant humbly requests the Board review the discharge and remove the burden of shame that has beset the applicant. The applicant notes that on a daily basis is striving to better oneself as a person and as a citizen. The applicant is planning on achieving this by earning an education and a degree in mechanical engineering. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the applicant did not have a medical or behavioral health condition that was mitigating for the offenses which led to separation from the Army. Medical records indicated that the applicant was referred to the Army Substance Abuse Program by the Command due to a positive urinalysis, but refused treatment and reported that there was no interest in stopping the drug use. In a records review conducted at Arlington, VA on 10 August 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorably conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. (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: 24 May 2013 c. Separation Facts: (1) Pursuant to Special Court-Martial Empowered to Adjudge a Bad-Conduct Discharge: As announced by Special Court-Martial Order Number 29, dated 27 September 2011, on 26 May 2011, the applicant was found guilty of the following: Charge, in violation of Article 112a, five specifications, for: Wrongfully used marijuana between 6 December 2010 and 4 January 2011. Guilty, consistent with the plea; Wrongfully possess marijuana on 23 January 2011. Guilty, consistent with the plea; Wrongfully used marijuana between 4 and 24 January 2011. Guilty, consistent with the plea; Wrongfully used marijuana between 24 and 31 January 2011. Guilty, consistent with the plea; and, Wrongfully used marijuana between 31 January and 9 February 2011. Guilty, consistent with the plea. (2) Adjudged Sentence: Forfeiture of $978 per month for six months; confinement for four months; perform hard labor without confinement for two months; and to be discharged from the service with a Bad Conduct discharge. Except for that part of the sentence extending to a bad conduct discharge, would be executed. (3) Date/Sentence Approved: 2 May 2013 / The sentence of a forfeiture of $978 per month for six months; confinement for four months; perform hard labor without confinement for two months; and a Bad Conduct discharge was approved. The applicant was credited with five days of confinement towards the sentence to confinement and the Bad Conduct discharge was ordered 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: 2 May 2013 4. SERVICE DETAILS: a. Date / Period of Enlistment: 18 August 2008 / 3 years, 18 weeks b. Age at Enlistment / Education / GT Score: 19 / HS Graduate / 105 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, D3 Calvary Scout / 4 years, 6 months, 4 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: SWA / Iraq (18 October 2009 - 17 July 2010) f. Awards and Decorations: AAM-2, MUC, 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 26 May 2011; and, From "CMA" to "PDY," effective 29 August 2011. i. Lost Time / Mode of Return: 94 days (CMA, 26 May 2011 - 28 August 2011) / Released from CMA 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. 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. 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 requests that the narrative reason for the discharge be changed. However, the applicant was separated under the provisions of Chapter 3, AR 635-200 with a under other than honorable conditions discharge. The narrative reason specified by Army Regulations for a discharge under this paragraph is "Court-Martial (Other)," and the separation code is "JJD." Army Regulation 635-5, Separation Documents, governs preparation of the DD Form 214 and dictates that entry of the narrative reason for separation, entered in block 28 and separation code, entered in block 26 of the form, will be exactly as listed in tables 2-2 or 2-3 of AR 635-5-1, Separation Program Designator (SPD) Codes. The regulation further stipulates that no deviation is authorized. There is no provision for any other reason to be entered under this regulation. The applicant contends that an upgrade of his discharge will allow him to better himself or obtain better employment. However, the Board does not grant relief for the purpose of gaining employment or enhancing employment opportunities. The applicant has expressed his desire to pursue his degree and contends that an upgrade of his discharge would allow him the opportunity. However, 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 10 August 2018, and by a 5-0 vote, the Board determined that the characterization of service was too harsh based on the applicant's length and quality of service, to include combat service, and the circumstances surrounding the discharge (i.e. in-service diagnosis of OBH), and as a result it is inequitable. Accordingly, the Board voted to grant relief in the form of an upgrade to the characterization of service to general under honorably conditions. The Board determined the narrative reason, SPD code and RE code were proper and equitable and voted not to change them. 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 Authority to: No Change e. Change SPD / RE Code 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 AR20170000953 1