1. Applicant's Name: a. Application Date: 27 November 2018 b. Date Received: 28 February 2019 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 seeks relief contending, in effect, applicant was never stationed at Ft Sill. The applicant was supposed to receive E-2 pay prior to discharge, but was reduced to E-1 and paid as such. The applicant has since rehabilitated life. 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 no service-connected diagnoses. The applicant is not service-connected from the VA. The VA has also diagnosed the applicant with Generalized Anxiety Disorder, Unspecified Psychotic Disorder and Unspecified Mood Disorder, Schizoaffective Disorder, Psychoses Unspecified, and Cocaine Induced Psychosis, PTSD. In summary, the separation was proper and equitable. In a records review conducted at Arlington, VA on 14 August 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: 13 September 2013 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; steal aluminum materials, military property of a value of $92.88, the property of the US Government (19 October 2011); steal aluminum materials, military property of a value of $239.76, the property of the US Government (20 October 2011); steal aluminum materials, military property of a value of $83.36, the property of the US Government (1 November 2011); steal aluminum materials, military property of a value of $83.36, the property of the US Government (1 November 2011); steal aluminum materials, military property of a value of $110.76, the property of the US Government (18 November 2011); steal aluminum materials, military property of a value of $432.64, the property of the US Government (19 November 2011); steal aluminum materials, military property of a value of $450.54, the property of the US Government (22 November 2011); steal aluminum materials, military property of a value of $377.59, the property of the US Government (22 November 2011); steal aluminum materials, military property of a value of $525.21, the property of the US Government (23 November 2011); steal aluminum materials, military property of a value of $542.40, the property of the US Government (28 November 2011); steal aluminum materials, military property of a value of $173.40, the property of the US Government (28 November 2011); steal aluminum materials, military property of a value of $380.40, the property of the US Government (3 December 2011); steal aluminum materials, military property of a value of $156.00, the property of the US Government (9 December 2011); and steal fuel, military property of a value of $156.18, the property of the US Government (29 December 2011). On 30 August 20102, he was sentenced to be reduced to PV2 / E-2, to be confined for five months and to be discharged from the service with a bad-conduct discharge. On 19 December 2012, 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, the sentence being affirmed and Article 71(c) having been complied with, and the bad-conduct discharge being ordered to be executed; is not contained in the available record; and government regularity in the judicial process is presumed. (3) Recommended Characterization: NA (4) Legal Consultation Date: NIF (5) Administrative Separation Board: NA (6) Separation Decision Date / Characterization: 13 September 2013 / Bad-Conduct 4. SERVICE DETAILS: a. Date / Period of Enlistment: 21 September 2010 / 3 years b. Age at Enlistment / Education / GT Score: 24 years / HS Graduate / 95 c. Highest Grade Achieved / MOS / Total Service: E-4 / 92F10, Petroleum Supply Specialist / 4 years, 10 months, 15 days d. Prior Service / Characterizations: RA, 24 August 2008 to 20 September 2010 / HD e. Overseas Service / Combat Service: None f. Awards and Decorations: AGCM, NDSM, GWOTSM, ASR g. Performance Ratings: NA h. Disciplinary Action(s) / Evidentiary Record: NIF i. Lost Time / Mode of Return: Military Confinement for 70 days, 30 August 2012 to 10 November 2012. Also, the applicant had 243 days of excess leave, 14 January 2013 to 13 September 2013. j. Diagnosed PTSD / TBI / Behavioral Health: NIF 5. APPLICANT-PROVIDED EVIDENCE: DD Form 293 (two pages); letter, National Personnel Records Center; AGCM Orders 264-008; Oath of reenlistment; request and authority for leave; memorandum, request approval of voluntary excess leave; memorandum, approval of voluntary excess leave (two ages); corrected copy, Department of the Army Report of Result of Trial; Enlisted Record Brief; Department of Defense, Voluntary / Involuntary Appellate Leave Action (three pages); service request all details (two pages); and a DD Form 214. 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 general (under honorable conditions). The applicant's available record of service, the issues and documents submitted with his application were carefully reviewed. 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'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 applicant seeks relief contending, he was never stationed at Ft Sill. The record of evidence shows that after the applicant completed his sentence to confinement at the Lackland AFB confinement facility, he was discharged from the service through the Personnel Control Facility, Fort Sill, OK. The applicant further contends, he was supposed to receive E-2 pay prior to his discharge, but was he was reduced to E-1 and paid as such. The applicant bears the burden of presenting of substantial and credible evidence to support this contention. There is no evidence in the record, nor has the applicant produced any evidence to support the contention that he did not receive E-2 pay. The applicant also contends, he has since rehabilitated his life. The applicant is to be commended for his effort. However, 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. 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 14 August 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 AR20190002813 1