RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20040010857


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Robert Rogers                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that her discharge be upgraded.

2.  The applicant states, in effect, that she did not have a chance.  She
needed medical attention that was caused while in the military.

3.  The applicant provides no additional supporting documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 11 March 1988.  The application submitted in this case is
dated
8 November 2004.

2.  Title 10, U.S. 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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 4 October 1983, the applicant enlisted in the Regular Army for 4
years.  The applicant completed the required training and was awarded
military occupational specialty 75C10 (Personnel Management Specialist).
The highest grade she attained was pay grade E-4.

4.  On 25 May 1986, the applicant was reported for being absent without
leave (AWOL).  She surrendered to military authorities on 9 July 1986.  The
applicant’s military record does not indicate that she was ever punished
for the offense.

5.  On 6 March 1987, the applicant was again reported for being AWOL and
remained AWOL until she was apprehended by military authorities on
25 November 1987.

6.  On 1 December 1987, court-martial charges were preferred against the
applicant for being AWOL from 6 March 1987 to 24 November 1987.

7.  On 17 February 1988, the applicant consulted with legal counsel and was
advised of the basis for the contemplated separation action, the effects of
an undesirable discharge and of the rights available to her.  The applicant
voluntarily requested discharge for the good of the service, in lieu of
trial by court-martial.  In her request for discharge, she acknowledged
that she was guilty of the charge against her or of a lesser included
offense therein contained which also authorizes the imposition of a bad
conduct or dishonorable discharge.  She further stated that under no
circumstances did she desire further rehabilitation, for she had no desire
to perform further military service.  She also stated her understanding
that if her discharge request was approved, she could be deprived of many
or all Army benefits, that she could be ineligible for many or all benefits
administered by the Department of Veterans Affairs (VA), and that she could
be deprived of her rights and benefits as a veteran under both Federal and
State law.  She further indicated that she understood that she could
encounter substantial prejudice in civilian life by reason of an
undesirable discharge.

8.  On 19 February 1988, the separation authority approved the applicant’s
request for discharge and directed that she be reduced to the lowest
enlisted grade; that she be separated under the provisions of Army
regulation 635-200, chapter 10, for the good of service and that she
receive a discharge certificate Under Other Than Honorable Conditions.

9.  On 11 March 1988, the applicant was discharged.  The separation
document (DD Form 214) she was issued confirms that she completed 3 years,
7 months and 5 days of creditable active military service and accrued 302
days of time lost due to AWOL.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
in pertinent part that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.  A
discharge under other than honorable conditions is normally considered
appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that she needed medical attention that was
caused while in the military were carefully considered.  However, there is
no evidence nor has the applicant provided any evidence to support her
claim. Therefore, given the circumstances in this case, there is
insufficient evidence to support her request.

2.  The evidence of record confirms that the applicant was charged with the
commission of an offense punishable under the UCMJ with a punitive
discharge. After consulting with defense counsel, the applicant voluntarily
requested discharge from the Army in lieu of trial by court-martial.  All
requirements of law and regulation were met, the rights of the applicant
were fully protected throughout the separation process and her discharge
accurately reflects her overall record of undistinguished service.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  The records show the applicant should have discovered the alleged error
or injustice now under consideration on 11 March 1988; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
10 March 1991.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEV __  __RJW __  ___RR __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations

prescribed by law.  Therefore, there is insufficient basis to waive the
statute of limitations for timely filing or for correction of the records
of the individual concerned.




                                  _____James E. Vick _____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010857                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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