RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 June 2004
      DOCKET NUMBER:   AR2004100584


      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. Wanda L. Waller               |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Mae Bullock                   |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 discharge under other than honorable
conditions be upgraded to honorable.

2.  The applicant states, in effect, that she unknowingly bought a car from
a young man that had been stolen from another soldier in her unit.  She
contends that the owner of the car was a good friend of hers and that the
owner did not want to press charges; however, the first sergeant did.  She
contends that she did not know what to do so she got a lawyer and he
advised her to plead guilty to the charges in lieu of a court-martial.  She
goes on to state that she has become a model citizen and her lawyer advised
her that if she kept out of trouble and was a good citizen for 10 years she
could try to change the status of her discharge.  She points out that she
raised two children, that she returned to college, and that she would like
to join the Reserves.

3.  The applicant provides a letter of explanation and a copy of her
resume.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 9 September 1983.  The application submitted in this case is
dated
7 November 2003.

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 limitation 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 on 10 March 1981 for a period of 3 years.  She
successfully completed One Station Unit Training in military occupational
specialty 55B (ammunition specialist).

4.  On 21 April 1983, charges were preferred against the applicant for
stealing an automobile (property of another soldier) and receiving stolen
property (the specification states that the applicant well knew, from
having borrowed it on several prior occasions and from reports within her
military unit, the automobile had been stolen).

5.  On 23 August 1983, the applicant consulted with legal counsel and
requested discharge under the provisions of Army Regulation 635-200,
chapter 10, for the good of the service.  She indicated in her request that
she understood she could be discharged under other than honorable
conditions and furnished an Under Other Than Honorable Discharge
Certificate; that she might be deprived of many or all Army benefits; that
she might be ineligible for many or all benefits administered by the
Veterans Administration; and that she might be deprived of her rights and
benefits as a veteran under both Federal and State law.  She also
acknowledged that she might expect to encounter substantial prejudice in
civilian life because of an Under Other Than Honorable Discharge.  In
addition, she elected not to submit a statement on her behalf.

6.  On 25 August 1983, the separation authority approved the applicant’s
request for discharge and directed that she be furnished a discharge under
other than honorable conditions.

7.  Accordingly, the applicant was discharged, in pay grade E-1, under
other than honorable conditions on 9 September 1983 under the provisions of
Army Regulation 635-200, chapter 10, for the good of the service.  She had
served 2 years and 6 months of total active service.

8.  There is no evidence that the applicant applied to the Army Discharge
Review Board for upgrade of her discharge within its 15-year statute of
limitations.

9.  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,
submit a request for discharge for the good of the service in lieu of trial
by court-martial.  The request may be submitted at any time after charges
have been preferred and must include the individual's admission of guilt.
Although an honorable or general discharge is authorized, a discharge under
other than honorable conditions is normally considered appropriate.

10.  Army Regulation 635-200, paragraph 3-7, 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 (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.

11.  Army Regulation 635-200, paragraph 3-7, 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.  A
characterization of under honorable conditions may be issued only when the
reason for the soldier’s separation specifically allows such
characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided no evidence in support of her contention
that she is a "model citizen."  Nevertheless, good post service alone is
not a basis for upgrading a discharge.

2.  Although the applicant contends that she unknowingly purchased the
stolen car, the charge sheet indicates that she knew, from having borrowed
it on several prior occasions and from reports within her military unit,
the car had been stolen. In addition, she had an opportunity to make a
statement on her own behalf at the time she requested discharge and failed
to do so.  Since her record of service included two larceny related charges
wherein trial by court-martial was recommended, her record of service was
not satisfactory and did not meet the standards of acceptable conduct and
performance of duty for Army personnel.  Therefore, the applicant's record
of service is insufficiently meritorious to warrant a general discharge or
an honorable discharge.

3.  The applicant’s voluntary request for separation under the provisions
of Army Regulation 635-200, chapter 10, in lieu of trial by court-martial,
was administratively correct and in conformance with applicable
regulations.

4.  The type of discharge directed and the reasons for separation were
appropriate considering all the facts of the case.

5.  Records show the applicant should have discovered the alleged injustice
now under consideration on 9 September 1983; therefore, the time for the
applicant to file a request for correction of any injustice expired on 8
September 1986.  However, 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 RELIEF

________  ________  ________  GRANT FORMAL HEARING

MP_____  WP____  MB______  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.




            ___Margaret Patterson_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100584                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040617                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19830909                                |
|DISCHARGE AUTHORITY     |AR 635-200 Chapter 10                   |
|DISCHARGE REASON        |For the good of the service             |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |