1. Applicant's Name: a. Application Date: 21 February 2017 b. Date Received: 27 February 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from bad conduct to honorable. The applicant seeks relief contending, in effect, he did not know the affect his actions would have on life and is trying to get it together and it is truly hard. The applicant was young and dumb during the time of service. The applicant is older and trying to get life straight and make things better for the Family. In a records review conducted at Arlington, VA on 20 July 2018, and by a 5-0 vote, and after carefully examining the applicant's record of service during the period of enlistment under review and all other evidence presented, the Board determined that clemency is warranted. Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to Other Than Honorable. A change in the reason for discharge is not authorized under Federal statute. (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: 8 July 2002 c. Separation Facts: No (1) Date of Notification of Intent to Separate: NA (2) Basis for Separation: The applicant was found guilty by a Special Court-Martial of the following offenses; wrongfully stole U.S. currency, of a value of about $81.50, the property of SPC J.M.P. (26 July 2000); wrongfully stole U.S. currency, of a value of about $61.50, the property of SPC J.M.P. (26 July 2000); wrongfully stole U.S. currency, of a value of about $340.00, the property of SPC J.M.P. (27 July 2000); wrongfully stole U.S. currency, of a value of about $15.00, the property of SPC J.M.P. (28 July 2000); and wrongfully appropriate two credit cards and an ATM card, of some value, the property of SPC J.M.P., between (26 July 2000 and 29 July 2000). On 7 March 2001, he was sentenced to be reduced to the grade of E-1, forfeiture of $695.00 pay for six months, to be confined for 4 months, and to be discharged from the service with a Bad-Conduct Discharge. On 15 June 2001, the sentence was approved. The record of trial was forwarded to The US Army Court of Criminal Appeals for review. On 26 October 2001, The US Army Court of Criminal Appeals affirmed the approved findings of guilty and the sentence. On 25 March 2002, the sentence was finally affirmed and Article 71(c) having been complied with, the bad conduct discharge was ordered to be executed. (3) Recommended Characterization: NA (4) Legal Consultation Date: NA (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 8 July 2002 / Bad Conduct 4. SERVICE DETAILS: a. Date / Period of Enlistment: 10 June 1999 / 4 years b. Age at Enlistment / Education / GT Score: 19 years / 12th Grade / NIF c. Highest Grade Achieved / MOS / Total Service: E-2 / 27M10, Multiple Launch Rocket Systems Repairer / 2 years, 9 months, 21 days d. Prior Service / Characterizations: None e. Overseas Service / Combat Service: None f. Awards and Decorations: ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: Special Court-Martial, see paragraph 3c(2) above. i. Lost Time / Mode of Return: Military Confinement for 96 days, 7 March 2001 until 12 June 2001. Also, he had 361 days of excess leave, 13 July 2001 until 8 July 2002. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages). 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 III establishes policy and procedures for separating members with a dishonorable or bad conduct discharge; and provides a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial; and 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 the characterization of service from bad conduct to honorable. The applicant's record of service and the issues 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 seeks relief contending, he did not know the affect his actions would be on his life and he is trying to get it together and it is truly hard. This contention is not a matter upon which the Army Discharge Review Board grants a change in discharge because it raises no matter of fact, law, procedure, or discretion related to the discharge process, nor is it associated with the discharge at the time it was issued. The applicant further contends, he was young and dumb during his service time; he is older and trying to get his life straight and make things better for his family. 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 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 judicial due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 20 July 2018, and by a 5-0 vote, and after carefully examining the applicant's record of service during the period of enlistment under review and all other evidence presented, the Board determined that clemency is warranted. Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to Other Than Honorable. A change in the reason for discharge is not authorized under Federal statute. 10. BOARD ACTION DIRECTED: a. Issue a New DD-214: Yes b. Change Characterization to: Other Than Honorable 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 AR20170004091 4