1. Applicant's Name: a. Application Date: 13 March 2018 b. Date Received: 19 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from bad conduct to general (under honorable conditions). The applicant did not submit any issues of equity or propriety to be considered by the Board. Per the Board's Medical Officer, a voting member, based on the information available for review at the time in the service record, the Armed Forces Health Longitudinal Technology Application (AHLTA), and Joint Legacy Viewer (JLV), notes indicate diagnoses of mTBI, FAP Involvement, and Other Specified Family Circumstances. VA records only contain DoD content. In summary, the applicant's BH diagnosis is not mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 1 May 2020, 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: 26 August 2014 c. Separation Facts: NA (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: without authority and with intent to remain away therefrom permanently, absented himself from his unit and did remain so absent in desertion x2 (20 March 2006 to 2 October 2008) and (6 October 2008 to 14 May 2010); and without authority absent himself from his unit, and remain so absent (24 June 2010 to 21 July 2011). On 16 July 2012, he was sentenced to forfeit $500 pay for 8 months, to be reduced to PVT / E-1, to be confined for 8 months and to be discharged from the Service with a Bad-Conduct Discharge. On 16 April 2013, the sentence was approved. The record of trial being forwarded to The US Army Court of Criminal Appeals for review; and The US Army Court of Criminal Appeals affirming the approved findings of guilty and the sentence is not contained in the available record and government regularity is presumed in the judicial process. On 1 August 2014, 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: 1 August 2014 / Bad-Conduct 4. SERVICE DETAILS: a. Date / Period of Enlistment: 15 September 2005 / 4 years b. Age at Enlistment / Education / GT Score: 20 years / HS Graduate / 109 c. Highest Grade Achieved / MOS / Total Service: E-4 / 19D10, Cavalry Scout / 5 years, 9 months, 12 days d. Prior Service / Characterizations: RA, 17 July 2003 to 14 September 2005 / HD e. Overseas Service / Combat Service: Specific location and dates are not in the file. f. Awards and Decorations: GWOTEM, GWOTSM, 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: Desertion x2 for 1,505 days, 20 March 2006 to 1 October 2008 for 922 days and 6 October 2008 to 13 May 2010 for 583 days, mode of return unknown; AWOL for 392 days, 24 June 2010 to 20 July 2011; apprehended by civilian authorities; and Military confinement for 40 days, 5 June 2012 to 15 July 2012. Total lost time was 1,937 days. The applicant was credited with 163 days or confinement against the sentence to confinement. He also had 755 days of excess, 2 August 2012 to 26 August 2014. 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 IV 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 general (under honorable conditions). The applicant's record of service and 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 did not submit any issues of equity or propriety to be considered by the Board. 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 1 May 2020, 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 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 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 AR20180004969 1