1. Applicant's Name: a. Application Date: 6 March 2018 b. Date Received: 12 March 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of bad conduct discharge to honorable. The applicant seeks relief contending, in effect, is truly sorry for these actions and regrets stealing PO2 A's wallet to going on a spending spree ultimately throwing an entire career down the drain along with all the hard work the applicant did to get to this point in the military. The applicant loved the job, as well as helping fellow service members throughout the entire military career, even after the incident. The ones that mattered to the applicant the most was the wife and kids. During this career, the applicant was fortunate enough to deploy to Afghanistan four times for a total of twenty-two months with GSB, 7th SFG(A). There is no excuse what so ever for these actions as they are totally unacceptable. They are against the applicant's moral values, the Army's, Army's Warrior Ethos, the Soldier's Creed, Army's Values, and NCO Creed. After committing this horrible crime, the applicant was financially in a tight spot, and should have spoken with the leadership along with a chaplain about how the applicant was doing and the thoughts the applicant was having. The applicant was dead wrong and instead took matters into one's own hands for all the wrong reasons; just to give the family a good Christmas. As a noncommissioned officer in the military, the applicant should have made smarter decisions, which is why the applicant is asking for the discharge to be changed to a honorable in order to receive medical benefits while making the family proud for standing up to these actions, accepting responsibility for punishment, being incarcerated in Sembach, Germany, to trying to make amends for what has occurred, so that they won't see a bad father, husband, or Soldier, but a veteran. Lastly the applicant's career consisted of 8 years without any major disciplinary issues, until this dreadful crime. In a records review conducted at Arlington, VA on 30 January 2019, and by a 3-2 vote, the Board determined that clemency is warranted based on the length and quality of service, to include combat service, and a prior period of honorable service. Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to under other than 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 Discharge b. Date of Discharge: 9 June 2017 c. Separation Facts: (1) Pursuant to Special Court-Martial Empowered to Adjudge a Bad-Conduct Discharge: As announced in Department of Defense Report of Result of Trial, dated 1 June 2016, the applicant was found guilty of the following: Stealing merchandise, of a value of about $1,151.92 the property of Army and Air Force Exchange Service on 12 December 2015; and Attempting to commit larceny by stealing money, of a value of at least $20, from a Navy Federal Credit Union account at an automatic teller machine on 12 December 2015 (2) Adjudged Sentence: On 1 June 2016, the applicant was sentenced to be reduced to the grade of E-1, forfeiture of $1000 pay per month for 6 months, confined for six months, and to be discharged from the Army with a Bad-Conduct Discharge (3) Date/Sentence Approved: On 27 July 2016, only so much of the sentence as provides for a Bad-Conduct Discharge, confinement for 140 days, forfeiture of $1,000, and reduction to E-1, was approved, and except for the Bad-Conduct Discharge, was excited. The part of the sentence extending to confinement had been served. The automatic forfeiture of pay was waived effective 27 July 2016, for a period of six months with direction that those funds be paid to S.T.H. (4) Appellate Review: The record of trial was forwarded to The Judge Advocated 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: 18 May 2017 4. SERVICE DETAILS: a. Date / Period of Enlistment: 23 October 2014 / 2 years b. Age at Enlistment / Education / GT Score: 26 / HS Graduate / 96 c. Highest Grade Achieved / MOS / Total Service: E-6 / 25B10, IT Specialist / 8 years, 8 months, 13 days d. Prior Service / Characterizations: RA, 28 May 2008 to 26 November 2012 / HD RA, 27 November 2012 to 22 October 2014 / HD e. Overseas Service / Combat Service: Germany, SWA / Afghanistan (14 July 2009 to 9 January 2010, 19 July 2010 to 10 January 2011, 28 February 2012 to 25 August 2012 and 14 November 2013 to 15 March 2014) f. Awards and Decorations: JSCM, ARCOM-2, JSAM-2, AAM, ASUA-2, AGCM-2, ACM- 2CS, NDSM, GWOTSM, NOPDR-2, ASR, OSR-4, NATO MDL g. Performance Ratings: 1 December 2013 to 30 November 2014, Among The Best 1 December 2014 to 28 February 2015, Among The Best 9 March 2015 to 7 March 2016, Highly Qualified h. Disciplinary Action(s) / Evidentiary Record: Department of Defense Report of Result of Trial, dated 1 June 2016, shows the applicant was charged in a Special Court Martial with stealing merchandise, of a value of about $1,151.92 the property of Army and Air Force Exchange Service on 12 December 2015 and attempting to commit larceny by stealing money, of a value of at least $20, from a Navy Federal Credit Union account at an automatic teller machine on 12 December 2015. The punishment consisted of reduction to E-1, forfeiture of $1,000 pay per month for 6 months, to be confined for 6 months, and to be discharged from the service with a bad conduct discharge. Special Court Martial Order as described in previous paragraph 3c i. Lost Time / Mode of Return: Confinement by military authorities 120 days (1 June 2016 to 30 September 2016). The DD Form 214 under review makes reference to 177 days of excess leave 15 December 2016 to 9 June 2017. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 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 honorable. The applicant's available 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 seeks relief contending, that he is truly sorry for his actions, and he regrets everything he did from stealing PO2 A's wallet to going on a spending spree ultimately throwing his entire career down the drain along with all the hard work he did to get to the point where he was in the military. He contends that he loved his job, as well as helping his fellow service members throughout his entire military career even after the incident; the ones that mattered to him the most he let them down, his wife and kids. During his career he was fortunate enough to deploy to Afghanistan four time in a total of twenty-two months with GSB, 7th SFG(A). There is no excuse what so ever for his actions as they are totally unacceptable. They are against his moral values, the Army's, Army's Warrior Ethos, the Soldier's Creed, Army's Values, and NCO Creed. When he committed the horrible crime, he was financially in a tight spot, and should have spoken with his leadership along with a chaplain about how he was doing and the thoughts he was having. He was dead wrong, instead he took matters into his own hands for all the wrong reasons jut to give his family a good Christmas. As a noncommissioned officer in the military he should have made smarter decisions, this is why he is asking for his discharge to be changed to a honorable one so that he can still receive medical benefits while making his family proud of him for standing up to his action an accepting responsibility for his punishment from being incarcerated in the military jail in Sembach, Germany to trying to make amends for what he has done, so that they won't see a bad father, husband, or Soldier, but a veteran. Lastly his career consisted of 8 years without any major disciplinary issues, until he committed that dreadful crime The applicant's contentions were noted; the applicant's service accomplishments and the quality of his service prior to the incidents that caused the initiation of discharge proceeding were carefully considered and the applicant is to be commended on his accomplishments. However, the record does not contain any indication or evidence of arbitrary or capricious actions by the command and all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. The character of the applicant's discharge is commensurate with his overall service 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 30 January 2019, and by a 3-2 vote, the Board determined that clemency is warranted based on the length and quality of service, to include combat service, and a prior period of honorable service. Accordingly, the Board voted to grant relief by upgrading the applicant's characterization of service to under other than 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: Under 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 AR20180006625 1