1. Applicant's Name: a. Application Date: 3 May 2017 b. Date Received: 11 May 2017 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of bad conduct discharge to general (under honorable conditions). The applicant seeks relief contending, in pertinent part and in effect, made the mistake of going AWOL. However, upon returning, the applicant did not let it define. The applicant continued to serve to the best of ability, knowing more than likely the applicant would be placed in confinement and separated from something the applicant was good at and loved. The applicant was trusted enough to work unsupervised. During the court-martial, the former First Sergeant, Platoon Sergeant, and other senior leaders spoke on the applicant's behalf and of the applicant's character. The applicant's NCOERs would show service to the country through several deployments. They would also show serving out the punishment for this wrongdoing. An upgrade would allow the applicant the chance to take care of the family in a way that a family deserves to be taken care of. In a records review conducted at Arlington, VA on 14 September 2018 and by a 5-0, the Board determined that clemency is warranted based on length and quality of service, to include combat service, prior period of honorable service, and the circumstances surrounding the discharge and AWOL. Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to general, under honorable conditions. 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: 13 May 2013 c. Separation Facts: (1) Pursuant to Special Court-Martial Empowered to Adjudge a Bad-Conduct Discharge: As promulgated by Special Court-Martial Order Number 1, dated 10 January 2012, the applicant was found guilty of the following charge: The Charge: Violation of Article 86, UCMJ, for being absent without leave on 13 August 2010, and remained absent until 23 April 2011, when he was apprehended by civil authorities. (2) Adjudged Sentence and Date: To be reduced to Private E-1, to be confined for 120 days, and to be discharged from the service with a bad-conduct discharge. The sentence was adjudged on 13 October 2011. (3) Date Sentence Approved: On 10 January 2012, only so much of the sentence extending to reduction to E-1 and confinement for 90 days, except for that part of the sentence extending to a Bad Conduct Discharge, would be executed. (4) Appellate Reviews: According to Special Court-Martial Order 26, dated 21 September 2012, the promulgated findings and sentence of SPCM Order No. 1, dated 10 January 2012, as corrected by US Army Criminal Appeals Notice of Court-Martial Order Correction, dated 16 May 2012 (NIF), had finally been affirmed and ordered the execution of the Bad Conduct Discharge. (5) Date Sentence of BCD Ordered Executed: 21 September 2012 4. SERVICE DETAILS: a. Date / Period of Enlistment: 9 December 2008 / 6 years b. Age at Enlistment / Education / GT Score: 18 / GED / NIF c. Highest Grade Achieved / MOS / Total Service: E-5 / 92Y10, Unit Supply Specialist / 9 years, 8 months, 18 days (includes excess leave for 325 days from 23 June 2012 to 13 May 2013, creditable for all purposes except pay and allowances) d. Prior Service / Characterizations: RA (29 October 2002 to 28 October 2004) / HD RA (29 October 2004 to 26 November 2007) / HD RA (27 November 2007 to 8 December 2008) / HD e. Overseas Service / Combat Service: SWA / Iraq (15 November 2003 to 15 October 2004), (27 January 2006 to 23 May 2006) f. Awards and Decorations: ARCOM-2; JSAM; AAM-2; AGCM; NDSM; ICM-CS; GWOTEM; GWOTSM; KDSM; NCOPDR; ASR; OSR-2; CAB g. Performance Ratings: Four NCOERS: 1 December 2005 thru 31 May 2006, Among the Best 1 June 2006 thru 4 April 2007, Among the Best 1 April 2007 thru 1 April 2008, Among the Best (NIF in OMPF, but with applicant's evidence) 1 April 2008 thru 31 March 2009, Among the Best 1 April 2009 thru 31 March 2010, Among the Best h. Disciplinary Action(s) / Evidentiary Record: Special Court-Martial Orders No. 1, dated 10 January 2012, and No. 26, dated 21 September 2012, described at the preceding paragraphs 3c(1) and 3c(4), respectively. i. Lost Time / Mode of Return: 330 days (AWOL: 12 September 2010 to 26 April 2011, for 257 days), Military Confinement: 13 October 2011 to 24 December 2011, for 73 days) / (for AWOL period, the applicant was apprehended by civil authorities), (for Military Confinement, the applicant was released upon completing his court-martial sentence) j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (Application for the Review of Discharge), dated 3 May 2017; DD Form 214; and four NCOERs. 6. POST SERVICE ACCOMPLISHMENTS: None provided 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 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 the characterization of his discharge from bad conduct discharge to general (under honorable conditions). The applicant's available record of service, and the issues and documents 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. In consideration of the applicant's service accomplishments and quality of his service prior to and subsequent to the AWOL incident, the Board can find that his complete period of service and accomplishments were or were not sufficiently mitigating to warrant clemency by upgrading his characterization of service. Based on the available record, 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 14 September 2018 and by a 5-0, the Board determined that clemency is warranted based on length and quality of service, to include combat service, prior period of honorable service, and the circumstances surrounding the discharge and AWOL. Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to general, under honorable conditions. 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: 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 AR20170008141 4