IN THE CASE OF: BOARD DATE: 26 January 2022 DOCKET NUMBER: AR20200009839 APPLICANT REQUESTS: * reconsideration of his previous request to upgrade his bad conduct discharge * as a new issue, he requests correction of his DD Form 214 (Certificate of Release or Discharge) to: * show his foreign service/deployment to Iraq * list all his personal and campaign awards and decorations * reinstate his former rank/grade APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Letter * DD Form 214 (certificate of Release or Discharge from Active Duty) * Congressional Correspondence * Award Recommendations, certificates, and campaign medals * Certificates of Recognition/Appreciation * Statement of wartime Service * Service Medical Records FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20130011935 on 27 February 2014. 2. He believes that the incidents did not define his service. His struggle with Post Traumatic Stress Disorder (PTSD) was not acknowledged or treated while it was on a downhill slide. His actions at the time were not "the Norm" as far as his behavior. He was a good Soldier and his experience in Iraq, left him for the first unable to cope with the thing running around in his head, which made him easier guided down the wrong path. He takes full responsibility for his actions, but, his command has to take some accountability. They knew he was a good Soldier and after Iraq, began to falter, and even after he asked for assistance, it fell upon deaf ears. He did not know how to deal, and is still trying to figure it out, but he unable to afford Mental help without the Department of Veterans Affairs (VA). 3. In a self-authored letter, the applicant states based on the following information he feels the Army has wronged him and not acknowledged his time serving his country. There is no proof of overseas time in Iraq (March 2004 - March 2005) serving as a 88M'/Gunner supporting the 835th Corps Support Battalion, the 1st Infantry Division while assigned to the 25th Transportation Company (25th Infantry Division). He was court-martialed with rank, awards, and medals taken away - sentenced to 1 year in jail at Fort Lewis Regional Correctional Facility in Washington State. He was making an attempt to self-medicate with the "idea" of growing marijuana (there was no actual plants - only seeds, and information on how to grow the marijuana) - Urinalysis test was negative - several tests were given with no positive results. Additionally, his wife at the time (they are divorced, because of mistakes that were made by both of them) had him stealing her purses from the Exchange while he wasn't in his right state of mind during what was already a rocky marriage from his return from Iraq and being separated from her and his newborn son for a year. a. His DD Form 214 contains several errors. He is listed as 21H, Construction Engineer Supervisor but he served as an 88M Motorized Transportation Operator. There is no Iraq Campaign Medal, Global War on Terrorism Service Medal, 2 Army Achievement Medals listed. There is no Army Good Conduct Medal acknowledged. There is no Drivers Badge (over 38,000 miles driving as an 88M/Gunner). He also reached the rank of E-4/Specialist -was due to go to Promotion Board in Iraq. Because of all of the errors on the DD Form 214 form, he has had no success in Jamestown, NY or Amherst, NY in 2009 or 2014 when he filed for an upgrade discharge - Letter dated February 28, 2014 from the Department of the Army, he is referred to as "Miss." b. He was placed on several anti-depressants/medications after going to Mental Health in November 2004 - He was diagnosed with a severe case of PTSD including: o Prozac, Paxil, Risperdal, Wellbutrin, Escitalopram, Trazodone, Imitrex (for severe migraine headaches that he was experiencing at the time), Zyprexa, Divalproex, Seroquel (3-month supply was provided after incarceration - after that he was basically told to figure life out on his own). c. Since the Army, he has had several jobs, relationships - all cash earned in Iraq taken from him by spouse - now divorced- his son has been adopted by his stepfather with him having no visitation rights. He realizes that what he did was terribly wrong, but he feels like he has been struggling to succeed in relationships, work, family and life in general. He experiences moments of memories/flashbacks, trouble sleeping and being accepted into civilian society as he feels like he is a failure in many people's eyes. Since he was released in August 2007, he has done his best to manage these issues on his own. He asks the Board to consider an upgrade of discharge, and reinstate his awards, rank and medals, which he is very proud of those accomplishments while serving in the Army. He asks that his medical benefits also be reinstated to help with his future physical/mental health. · 4. The applicant's records contain sufficient evidence to support additional awards and/or administrative entries not shown on his DD Form 214 for the period ending 7 September 2007. His DD Form 214 for this period will be administratively corrected to show the award of: a. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), add Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal, Driver's Badge, Army Good Conduct Medal (1st Award), Army Achievement Medal, and Army Commendation Medal. b. Block 18 (Remarks), add the entry "Service in Kuwait/Iraq from 27 March 2004 to 27 March 2005." 5. The Board will consider the upgrade of his discharge, total foreign service, and his rank/grade. 6. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 25 July 2002. There are no diplomas, certificates, or orders that confirm completion of military occupational specialty (MOS) training and/or award of an MOS. b. He served in Hawaii, outside Continental United States, with the 25th Transportation Company, 524th Corps Support Battalion, Schofield Barracks, Hawaii. However, his exact dates of arrival to and departure from Hawaii are unknown. c. During his service in Hawaii, he deployed to Kuwait/Iraq. He provides various Memoranda for Record (MFR) and/or award certificates showing the following: (1) MFR, issued by 524th Corps Support Battalion on 1 May 2005, certifying the period of service while deployed Operation Iraqi Freedom for the following 25th Transportation Company Soldiers: [Applicant] 27 March 2004 to 27 March 2005. (2) MFR, issued by 524th Corps Support Battalion on 1 May 2005, Subject: 25th Transportation Company, Global War on Terrorism Expeditionary Medal (GWOTEM), certifying the applicant's eligibility for this medal for service from 27 March 2004 to 30 June 2004. (3) MFR, issued by 524th Corps Support Battalion on 1 May 2005, Subject: 25th Transportation Company, Iraq Campaign Medal, certifying the applicant's eligibility for this medal for service from 1 July 2004 to 30 November 2004. (4) MFR, issued by Headquarters, 835th Corps Support Battalion, Iraq, Command, indicating he met the requirements for and is awarded the Driver's Badge (5) Permanent Orders D173-18, issued by Headquarters, 524th Corps Support Battalion, on 27 June 2005, awarding him the Army Good Conduct Medal (1st Award) for the period 25 July 2002 through 24 July 2005. (6) Certificate of Achievement for his hard work with the 25th Transportation Company. (7) Certificate of Recognition of wartime service, dated 6 June 2004, and authorization to wear a shoulder sleeve insignia of the 1st Infantry Division. (8) Permanent Orders 302-02, issued by Headquarters, 524th Corps Support Battalion, Schofield Barracks, HI on 29 October 2003, awarding him the Army Achievement Medal for service from 8 February to 30 June 2003. (9) Permanent Orders Number 4-294-025, issued by Headquarters, 167th Support Group, Iraq on 20 October 2004, awarding him the Army Commendation Medal for service as a light wheel vehicle operator during Operation Iraqi Freedom from 12 April 2004 to 14 March 2005. d. On 16 February 2006, he was arraigned at and convicted by a general court- martial at Headquarters, 25th Infantry Division of the following charges. His rank is listed as private (PVT). (1) Charge I, dismissed (2) Charge II, one specification of wrongfully possessing illegal drugs on 5 August 2005 (3) Charge III, one specification of stealing various Coach brand purses and wallets, a key chain, a jacket, a swim suit, and a t-shirt, the property of Army and Air Force Exchange Service (AAFES) at Hickam Air Force Base, on 4 September 2005, and one specification of stealing (13) thirteen Coach brand purses, the property of AAFES at Schofield Barracks, on 26 September 2005, (4) Charge IV, one specification of conspiring with S., to commit larceny of various Coach brand purses and wallets, a key chain, a jacket, a swim suit, and a t- shirt, the property of AAFES at Hickam Air Force Base on 4 September 2005; and one specification of conspiring with S. to commit Larceny of (13) thirteen Coach brand purses the property of AAFES at Schofield Barracks, on 26 September 2005, and in order to effect the object of the conspiracy, removed the security devices from said items and placed items into a diaper bag and attempted to exit the AAFES store without rendering proper payment for items (5) Charge V, one specification of making to an armed forces policeman a false official statement (that he had a different name and different social security number), with intent to deceive, at or near Hickam Air Force Base, on 4 September 2005. (6) Charge VI, one specification of fleeing apprehension by an armed forces policeman, a person authorized to apprehend the accused. e. The court sentenced him to forfeiture of all pay and allowances, confinement for 38 months, and a bad conduct discharge. f. On 12 July 2006, the convening authority approved only so much of the sentence as provided for total forfeiture of all pay and allowances, confinement for 12 months, and a bad conduct discharge, and except for the bad conduct discharge, he ordered the sentence executed. g. The applicant was confined at Fort Sill, OK, from 16 February 2006 to 2 December 2006, and following his release from confinement, he was placed on excess leave from 3 December 2006 to 7 September 2007, pending appellate review. h. Following affirmation of the finding of guilty and the sentence by the appellate authority, the applicant was discharged from active duty on 7 September 2007, albeit on a temporary record. His DD Form 214 shows he was discharged in accordance with chapter 3 of Army Regulation (AR) 635-200 (Active Duty Enlisted Administrative Separations) as a result of a court-martial with a bad conduct discharge (Separation Code JJD). He completed 4 years, 3 months, and 26 days of service, but 290 days was lost time and 289 days was excess leave. His DD Form 214 further shows in: * Block 11 (Primary Specialty), Construction Engineer Supervisor, 3 years and 3 months * Block 12f (Foreign Service) 0000-00-00 * Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), Army Service Ribbon * Block 18 (Remarks), no listing of his deployment i. On 27 February 2014, the Board denied his request for an upgrade of his discharge. The Board found his trial by court-martial was warranted by the gravity of the offenses charged. His conviction and discharge were effected in accordance with applicable law and regulations and the BCD appropriately characterizes the misconduct for which he was convicted. As such, the type of discharge directed and the reasons were appropriate considering the available facts of the case. There is an insufficient evidentiary basis for granting the applicant an upgrade of his BCD to any other character of service. 6. Regarding his DD Form 214, by regulation (AR 635-5), a. For Block 11, from the Enlisted Record Brief, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training. b. For Block 12f, from the Enlisted Record Brief, enter the total amount of foreign service completed during the period covered by the DD Form 214. c. For Block 13, list awards and decorations from all periods of service. d. For Block 18, for an active duty soldier deployed with his or her unit during their continuous period of active service, enter the statement, Service in (Name of County Deployed) From (inclusive dates for example, YYYYMMDD -YYYYMMDD). 7. Regarding his awards, by regulation (AR 600-8-22), service members qualified for the Global War on Terrorism Expeditionary Medal (GWOTEM) by reasons of service before 30 April 2005 in Iraq, will remain qualified for the medal. Any such Soldier may be awarded the Iraq Campaign Medal (ICM) in lieu of the GWOTEM for such service. Soldiers who elected to receive the ICM in lieu of the GWOTEM are not authorized to change their original election; such elections are irrevocable. No Soldier will be entitled to both medals for the same act, achievement, or period of service. 8. Regarding his character of service: a. By regulation (AR 635-200), a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial. The appellate review must be completed and the affirmed sentence ordered duly executed. b. In reaching its determination, the Board can consider the applicant's petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. 9. MEDICAL REVIEW: The applicant is applying to the ABCMR requesting discharge upgrade contending that the misconduct leading to his Bad Conduct discharge was due to PTSD he developed while on active duty. a. The Agency psychologist was asked by the ABCMR to review this request. Documentation reviewed includes the applicant’s completed DD149 and supporting documentation and his military separation packet. The VA electronic medical record, Joint Legacy Viewer (JLV) and the military electronic medical record (AHLTA) were also reviewed. No hard copy military medical records or civilian medical documentation was provided for review. b. Review of the applicant’s military documentation indicates that he enlisted in the Army Reserve (Delayed Entry Program) on 23 Mar 2002 and subsequently transferred to the Regular Army on 25 Jul 2002. During his military career, he was deployed overseas to Iraq (dates unknown). While on active duty, he was only awarded the Army Service Ribbon. His other awards had been revoked. His job position was as a Construction Engineer Supervisor. A General Court-Martial Order, Headquarters, 25th Infantry Division, Schofield Barracks, HI found him guilty for “wrongfully possessing drug paraphernalia” (05 Aug 2005). He was also found guilty for “steal various Coach brand purses and wallets” and other store items (over $500.00), as well as rendering false name and fleeing apprehension from military police (04 Sep 2005). He was additionally found guilty for “steal thirteen Coach brand purses” with a value over $500.00 (26 Sep 2005). He received a Bad Conduct discharge on 07 Sep 2007 with DD-214 Narrative Reason for Separation, Court Martial (Other). c. The military electronic medical record (AHLTA) included a Desmond Doss Health Center note, Schofield Barracks, HI, dated 14 Sep 2005 indicating, “SM returned for medication management and individual therapy. SM describes continued legal problems…He gets very angry and frustrated, especially and feels she pushes his buttons. He recently was charged with shoplifting which because he was with his wife when she stole a purse and tried to help cover it up. He states that this is out of character for her and that she is trying to get him kicked out.” Another Desmond Doss Health Center note, Schofield Barracks, HI, dated 31 Oct 2005 indicated, “likely PTSD from deployment experience (four times under fire, firing own weapon in self-defense, ICD attack, mortar next to shower). Describes being fearful of noises…death of two friends in war=grief.” The Problem List included Adjustment Disorder with Disturbance of Emotions and Conduct, Occupational Problem, Depression, Head Syndrome, Posttraumatic Stress Disorder, Chronic and Partner Relational Problem. d. The VA electronic medical record, Joint Legacy Viewer (JLV) did not indicate any service connected disability(s). The only clinical notes and problem list entries available were ones during his time on active duty. e. Based on the information in the applicant’s medical record, it is the opinion of the Agency psychologist that there are no mitigating Behavioral Health conditions. Problems arising from PTSD often contribute to self-isolation, anger outbursts, aggressive behavior, intrusive memories, nightmares, interpersonal difficulties, poor sleep and self-medication with drugs/alcohol. Flagrant theft of store items in excess of $500.00 on at least two occasions is not part of the natural history or sequelae of PTSD, or other behavioral health conditions, and, as such, is not mitigated under Liberal Consideration. A discharge upgrade is not recommended at this time. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant’s request, supporting documents, evidence in the records, a medical advisory opinion and published DoD guidance for liberal consideration of discharge upgrade requests. The Board considered the applicant's statement, his record of service, the frequency and nature of his misconduct, the reason for his separation and whether to apply clemency. ABCMR is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate. The Board concurred with the medical advisory opinion finding insufficient evidence of in-service mitigating factors to overcome the misconduct. The applicant provided no evidence of post-service achievements or letters of reference in support of a clemency determination. Based on a preponderance of evidence, the Board determined there was insufficient evidence of an error or injustice which would warrant restoration of his rank or an upgrade to the character of service the applicant received upon separation. 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING XXX XXX XXX DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: Except for the correction addressed in Administrative Note(s) below, the Board found the evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20130011935 on 27 February 2014. I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ADMINISTRATIVE NOTE(S): A review of the applicant's records shows he was awarded or authorized the following awards not listed on his DD Form 214 for the period ending 30 April 1997: a. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), add * Global War on Terrorism Service Medal, Global War on Terrorism Expeditionary Medal * Driver's Badge * Army Good Conduct Medal (1st Award) * Army Achievement Medal * Army Commendation Medal. b. Block 18 (Remarks), add the entry "Service in Kuwait/Iraq from 27 March 2004 to 27 March 2005." REFERENCES: 1. Title 10, United States Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of all current active, prior active, and prior inactive duty service at the time of release from active duty, retirement, or discharge. The information entered thereon reflects the conditions as they existed at the time of separation. The specific instructions for: a. Block 11, from the Enlisted Record Brief, enter the titles of all MOS served for at least 1 year and include for each MOS the number of years and months served. For time determination, 16 days or more count as a month. Do not count basic training and advanced individual training. b. Block 12f, from the Enlisted Record Brief, enter the total amount of foreign service completed during the period covered by the DD Form 214. c. Block 13, list awards and decorations from all periods of service. d. Block 18, for an active duty soldier deployed with his or her unit during their continuous period of active service, enter the statement, Service in (Name of County Deployed) From (inclusive dates for example, YYYYMMDD -YYYYMMDD). 3. Army Regulation 600-8-22 (Military Awards) a. The Global War on Terrorism Service Medal (GWOTSM) was established by Executive Order (EO) 13289, 12 March 2003. It is authorized for award to service members of the Armed Forces of the United States who have participated in or served in support of a Global War on Terrorism operations outside of the designated Area of Eligibility on or after 11 September 2001 to a future date to be determined. All Soldiers on active duty, including Reserve Soldiers mobilized, or Army National Guard Soldiers activated on or after 11 September 2001 until a date to be determined and having served 30 consecutive days or 60 nonconsecutive days are authorized the GWOTSM. b. The Global War on Terrorism Expeditionary Medal (GWOTEM) was established by Executive Order 13289, 12 March 2003 to recognize Service members of the Armed Forces of the United States who are deployed abroad for service in the Global War on Terrorism on or after 11 September 2001 to a date to be determined. The GWOTEM is only awarded once per named operation, regardless of the number of deployments and periods of service supporting that operation. Effective 9 February 2015 (retroactive to 11 September 2001), separate deployments and periods of service in support of different named operations are recognized by bronze service stars. Effective 30 April 2005, the GWOTEM is no longer authorized to be awarded for service in Afghanistan and/or Iraq. Soldiers are only authorized award of the Afghanistan Campaign Medal and Iraq Campaign Medal after this date. c. Service members qualified for the GWOTEM by reasons of service before 30 April 2005 in Afghanistan and Iraq, will remain qualified for the medal. Any such Soldier may be awarded the Afghanistan Campaign Medal and Iraq Campaign Medal in lieu of the GWOTEM for such service. Soldiers who elected to receive the Afghanistan Campaign Medal or Iraq Campaign Medal in lieu of the GWOTEM are not authorized to change their original election; such elections are irrevocable. Additionally, any such Soldier authorized the arrowhead device may be awarded the Afghanistan Campaign Medal and Iraq Campaign Medal with arrowhead in lieu of the GWOTEM with arrowhead device. Soldiers who elect to keep the GWOTEM in lieu of the Afghanistan Campaign Medal or Iraq Campaign Medal are not authorized bronze service stars on the Afghanistan Campaign Medal or Iraq Campaign Medal for the campaign in which the GWOTEM is awarded. No Soldier will be entitled to both medals for the same act, achievement, or period of service. d. The Iraq Campaign Medal is authorized by PL108–234, 28 May 2004 and EO 13363, 29 November 2004, as amended by EO 13289, 12 March 2003. Individuals authorized the Iraq Campaign Medal must have served in direct support of Operation Iraqi Freedom (OIF) or Operation New Dawn (OND). The Iraq Campaign Medal period of eligibility is on or after 19 March 2003 to 31 December 2011, as determined by the Secretary of Defense. Servicemembers must have been assigned, attached, or mobilized to units operating in the AOE for 30 consecutive days or for 60 nonconsecutive days or meet one of other criteria. One bronze service star will be worn on the suspension and service ribbon of the ICM for participation in each designated campaign. 4. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) provides for the separation of enlisted personnel: a. Paragraph 3-7a provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law. The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate. b. Paragraph 3-7b provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. c. Paragraph 3-7c states a discharge under other than honorable conditions is an administrative separation from the service under conditions other than honorable. It may be issued for misconduct, fraudulent entry, security reasons, or for the good of service in selected circumstances. d. Paragraph 3-11 states a member will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial. The appellate review must be completed and the affirmed sentence ordered duly executed. 5. Title 10, U.S. Code, section 1552, provides that the Secretary of a Military Department may correct any military record of the Secretary's Department when the Secretary considers it necessary to correct an error or remove an injustice. With respect to records of courts-martial and related administrative records pertaining to court-martial cases tried or reviewed under the Uniform Code of Military Justice, action to correct any military record of the Secretary's Department may extend only to correction of a record to reflect actions taken by reviewing authorities under the Uniform Code of Military Justice or action on the sentence of a court-martial for purposes of clemency. Such corrections shall be made by the Secretary acting through boards of civilians of the executive part of that Military Department. 6. On 3 September 2014, the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations, and mitigating factors, when taking action on applications from former service members administratively discharged under other than honorable conditions, and who have been diagnosed with PTSD by a competent mental health professional representing a civilian healthcare provider in order to determine if it would be appropriate to upgrade the characterization of the applicant's service. 7. On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs and BCM/NRs when considering requests by Veterans for modification of their discharges due in whole, or in part, to: mental health conditions, including PTSD; TBI; sexual assault; sexual harassment. Boards were directed to give liberal consideration to Veterans petitioning for discharge relief when the application for relief is based in whole or in part to those conditions or experiences. The guidance further describes evidence sources and criteria, and requires Boards to consider the conditions or experiences presented in evidence as potential mitigation for that misconduct which led to the discharge. 8. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009839 10 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1