RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            2 August 2005
      DOCKET NUMBER:   AR20040011288


      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. Beverly A. Young              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Jeanette McCants              |     |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 that her general under honorable conditions
discharge be upgraded.  She also requests, in effect, that her Reentry
Eligibility (RE) code be changed.

2.  The applicant states that she was very young and immature and did not
give much thought with regard to her future or the future of her country.
She states that she was a good Soldier prior to the issues which led to her
discharge.  Her Noncommissioned Officer-In-Charge (NCOIC) told her that she
would not be eligible for reenlistment so she never pursued the measures to
have her discharge upgraded.  She recently submitted a request for a copy
of her DD Form 214 (Certificate of Release or Discharge from Active Duty)
and inquired about the RE code.  She was informed that she was eligible to
reenlist with a waiver.  The applicant spoke with a recruiter and was
advised that if she would reenlist, she would have to sign her papers
before 4 July 2005.  If this upgrade is granted and she is given the
opportunity to reenlist, she would value the opportunity to do whatever the
Army needs of her to serve and protect our Nation.

3.  The applicant provides a DD Form 293 (Application for the Review of
Discharge or Dismissal from the Armed Forces of the United States) and her
DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 1 August 1988.  The application submitted in this case is dated
6 December 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.  The applicant enlisted in the Regular Army on 20 March 1987 at 19 years
old. She completed basic training and advanced individual training and was
awarded military occupational specialty 91F (Psychiatric Specialist).  She
was promoted to private first class on 1 January 1988.

4.  On 27 April 1988, she accepted nonjudicial punishment under Article 15,
Uniform Code of Military Justice for failing to go to her appointed place
of duty.  Her punishment consisted of reduction to E-2, a forfeiture of 7
days of pay (suspended for 90 days), and 14 days extra duty (suspended for
90 days).

5.  On various occasions between February 1988 and May 1988, the applicant
received eight adverse counseling statements regarding her performance of
duty, conduct and behavior; lateness in going to work and being
undependable; drinking before work; dating ex-patients; her personal
appearance; failing to report to duty on time; missing a physical training
test and missing the make-up physical training test; and writing a bad
check at the Post Exchange.

6.  On 8 June 1988, the applicant's unit commander notified her of
initiation of separation action under the provisions of Army Regulation 635-
200, chapter 14 for misconduct – pattern of misconduct based on the
counseling statements and the Article 15.  She was advised of her rights.

7.  The applicant acknowledged receipt of the notification, consulted with
legal counsel and submitted statements in her own behalf.  She stated that
she wanted to remain in the Army.  She stated that there was no excuse for
the behavior she had portrayed and she was aware that there were a lot of
undesirable events which led to her chapter proceedings.  She had been
quite depressed for several weeks and motivation was wrongfully at the
bottom of her list of priorities.  She had been hospitalized for several
days in April for depression with suicidal ideations.  She let a lot of
small things pile up to make different and larger problems for herself.
She had started seeing a therapist on a regular basis and had recognized
her problems.  She had taken efforts in finding effective methods of
dealing with identified problem areas.  She stated that she was a good
psychiatric specialist and that she took pride in her work.  She also
stated that she honestly believed that her problems were behind her now and
she was able to view her priorities from a much better perspective.

8.  In a 15 June 1988 memorandum, a Clinical Psychologist indicated that he
met with the applicant on three occasions based on referral by a lieutenant
colonel.  The Clinical Psychologist stated that the applicant was motivated
to stay in the Army and to correct those behaviors which led to the current
actions against her. The Clinical Psychologist noted improvement in her
behavior and there was some potential for her success at permanently
modifying her behavior.  The Clinical Psychologist recommended that the
separation action be suspended for three to six months to allow the
applicant to redeem herself and that if significant problems arose during
this time then the separation action could be completed.

9.  On 25 June 1988, the separation authority approved separation under the
provisions of Army Regulation 635-200, section III, chapter 14, paragraph
14-12(b) for misconduct – pattern of misconduct with issuance of a General,
Under Honorable Conditions Discharge Certificate.

10.  On 1 August 1988, the applicant was discharged from active duty under
the provisions of Army Regulation 635-200, paragraph 14-12(b) for
misconduct – pattern of misconduct.  She had completed 1 year, 4 months and
12 days of active military service.

11.  There is no evidence which indicates that the applicant applied to the
Army Discharge Review Board within its 15-year statute of limitations.

12.  Army Regulation 635-200, in effect at the time, set forth the basic
authority for the separation of enlisted personnel.  Chapter 14 established
policy and prescribed procedures for separating members for misconduct.
Specific categories include minor disciplinary infractions, a pattern of
misconduct, commission of a serious offense, and convictions by civil
authorities.  Action would be taken to separate a member for misconduct
when it was clearly established that rehabilitation was impracticable or
was unlikely to succeed.  A discharge under other than honorable conditions
was normally appropriate for a Soldier discharged under this chapter.
However, the separation authority may direct a general discharge if such is
merited by the Soldier’s overall record.  Only a general court-martial
convening authority may approve an honorable discharge or delegate approval
authority for an honorable discharge under this provision of regulation.

13.  Army Regulation 635-200 governs the separation of enlisted personnel.
In pertinent part, it states that an honorable discharge is a separation
with honor.  The honorable characterization is appropriate when the quality
of the Soldier'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.  Where there
have been infractions of discipline, the extent thereof should be
considered, as well as the seriousness of the offense(s).

14.  Pertinent Army regulations provide that, prior to discharge or release
from active duty, individuals will be assigned RE codes based on their
service records or the reason for discharge.  Army Regulation 601-210
covers eligibility criteria, policies, and procedures for enlistment and
processing into the Regular Army (RA) and the US Army Reserve.  Chapter 3
of that regulation prescribes basic eligibility for prior service
applicants for enlistment.  That chapter includes a list of armed forces RE
codes, including RA RE codes.  The regulation states that RE–3 applies to
persons not qualified for continued Army service, but the disqualification
is waivable.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's administrative separation was accomplished in
compliance with applicable regulations with no indication of procedural
errors which would tend to jeopardize her rights.

2.  The applicant's service record shows she received one Article 15 and
eight adverse counseling statements regarding her duty performance.

3.  Although she may now feel that her general discharge should be
upgraded, her service does not meet the standards of acceptable conduct and
performance of duty to warrant an honorable discharge in accordance with
Army Regulation 635-200 nor a change to the RE code.

4.  There is no apparent error, injustice, or inequity on which to base
recharacterization of her discharge.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 August 1988; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 31 July 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

WP______  RD______  JM______  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.




            William Powers________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011288                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050802                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |100.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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