1. Applicant's Name: a. Application Date: 6 July 2018 b. Date Received: 9 July 2018 c. Counsel: None 2. REQUEST, ISSUES, BOARD TYPE, AND DECISION: The applicant requests an upgrade of the characterization of service from under other than honorable conditions to honorable. However, the record of evidence shows at the time of discharge the applicant received a bad conduct discharge. The applicant seeks relief contending, in effect, wrong information and wrong discharge date and honorable discharge paperwork. He reenlisted on 22 August 2006 to 12 August 2008. He desires to use his Post 9/11 GI Bill to attend school. 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 Adjustment Disorder; Adjustment Disorder with depressed mood; Anxiety Disorder NOS; Depression; Homicidal ideation; Suicidal ideation; Marital Problem. The applicant is 70% service connected for non-BH conditions. In summary, the applicant does not have a BH diagnosis that is mitigating for the misconduct which led to separation from the Army. In a records review conducted at Arlington, VA on 13 January 2021, 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: 1 April 2015 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; willfully and wrongfully destroy by breaking into four pieces, a USAA debit card, of some value, the property of PVT / E-1 N.L.H. (18 August 2012); steal a white IPhone 3GS and a Nikon D3100 Series camera, of a value of more than $500, the property of PFC S.D.P. (8 August 2012); steal a USAA debit card, of some value, the property of PVT / E-1 N.L.H. (8 August 2012); steal a set of Beats by Dr. Dre Headphones, of some value, the property of PFC I.M.W. (8 August 2012); steal a Play Station 3 Max Payne 3 video game, of some value, the property of PFC J.E.C.S. (8 August 2012); steal: a Michael Kors' purse, a children's pink camouflage backpack, a Dora hairbrush, a pair of Sperry boat shoes, a pair of plaid shorts, and a pair of Safilo sunglasses, of some value, the property of AAFES (16 August 2012); steal: food from Popeye's restaurant, food from Burger King restaurant, a Griffin survivor case, a 16 gigabyte lpad, a Viva 6-pack roll of paper towels, a 7.5 oz. bottle of melon liquid soap, and a bottle of dial soap, of some value, the property of AAFES (between (15 August and 17 August 2012); unlawfully enter PFC S.D.P.'s barracks room, room 435, building 1464, the property of the U.S. Army, with intent to commit a criminal offense, larceny therein (8 August 2012); unlawfully enter PVT / E-1 N.L.H.'s barracks room, room 423, building 1464, the property of the U.S. Army, with intent to commit a criminal offense, larceny therein (8 August 2012); unlawfully enter PFC I.M.W.'s barracks room, room 426, building 1464, the property of the U.S. Army, with intent to commit a criminal offense, larceny therein (8 August 2012); unlawfully enter PPC J.E.C.S.'s barracks room, room 325, bluilding1464, the property of the U.S. Army, with Intent to commit a criminal offense, larceny therein (8 August 2012); steal a Military Star Card and a Nintendo OS video game system, of some value, the property of PFC C.J.R. (8 August 2012); steal: food from Popeye's restaurant, three Visa pre-paid credit cards worth $100 each, an Army Combat Uniform jacket, a pair of Army Combat Uniform trousers, a pair of tan military boots, an Army Specialist rank tab, a carton of Newport brand cigarettes, of a value more than $500, the property of AAFES (8 August 2012); and unlawfully enter PFC J. R.'s barracks room, room 317, building 1464, the property of the U.S. Army, with intent to commit a criminal offense, larceny therein (8 August 2012). On 13 December 2012, he was sentenced to be reduced to PVT / E-1, forfeit $994 pay per month for 10 months; to be confined for 10 months; and to be discharged from the service with a bad-conduct discharge. On 11 September 2013, the sentence was approved. The record of trial being forwarded to The US Army Court of Criminal Appeals for review; 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 in the judicial process is presumed. On 27 February 2015, the sentence was finally affirmed and Article 71(c) having been complied with, and the bad- conduct discharge being ordered to be executed. (3) Recommended Characterization: NA (4) Legal Consultation Date: NA (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 1 April 2015 / Bad Conduct 4. SERVICE DETAILS: a. Date / Period of Enlistment: 12 November 2008 / NIF / Enlisted Record Brief shows applicant's ETS as 4 November 2014. b. Age at Enlistment / Education / GT Score: 20 / HS Graduate / 100 c. Highest Grade Achieved / MOS / Total Service: E-4 / 14T10, Patriot Operator / Maintainer / 8 years, 19 days d. Prior Service / Characterizations: RA, 22 August 2006 to 12 November 2008 / HD e. Overseas Service / Combat Service: Korea f. Awards and Decorations: AGCM-2, NDSM, KDSM, ASR, OSR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: Military Confinement for 200 days, 13 December 2012 to 3 July 2013. Also, the applicant had 556 days of excess leave, 23 September 2015 to 1 April 2015. j. Diagnosed PTSD / TBI / Behavioral Health: None 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); honorable discharge certificate; DD Form 149 (two pages); honorable discharge certificate; and oath of reenlistment. 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 under other than honorable conditions to honorable. However, the record of evidence shows at the time of discharge the applicant received a bad conduct discharge. The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. The applicant's record is void of the specific facts and circumstances concerning the events which led to his discharge from the Army. However, the applicant's record does contain a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was not authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the judicial process. The DD Form 214 indicates the applicant was discharged under the provisions of AR 635-200, Chapter 3, Section III, by reason of court-martial, other, with a characterization of service of bad conduct. Barring evidence to the contrary, the presumption of government regularity prevails as all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process. Further, the DD Form 214 shows a Separation Code of JJD (i.e., court-martial, other), with a reentry eligibility (RE) code of 4. 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, wrong information and wrong discharge date and honorable discharge paperwork. The applicant's requested change to the DD Form 214 does not fall within the purview of this Board. The applicant may apply to the Army Board for Correction of Military Records (ABCMR), using the enclosed DD Form 149 regarding this matter. A DD Form 149 may also be obtained from a Veterans' Service Organization. The applicant further contends, he reenlisted on 22 August 2006 to 12 August 2008. Army Regulation 635-5 (Separation Documents) governs the preparation of the DD Form 214. It also states that effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and that all service would be continuous from the date the last DD Form 214 was issued. Prior to 1 October 1979, a DD Form 214 was prepared when a Soldier was discharged for the purpose of immediate reenlistment. The applicant desires to use his Post 9/11 GI Bill to attend school. 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. If the applicant desires a personal appearance hearing, it is his responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board's consideration because they are not available in the official record. 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 that the applicant was provided full judicial due process. 9. BOARD DETERMINATION: In a records review conducted at Arlington, VA on 13 January 2021, 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 / 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 AR20180013366 1