RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 January 2006
      DOCKET NUMBER:  AR20050003730


      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. William D. Powers             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Randolph J. Fleming           |     |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 an upgrade of her Bad Conduct Discharge (BCD) to
an honorable discharge.

2.  The applicant states, in effect, that she is requesting an upgrade of
her BCD to an honorable discharge for one simple reason: Iraq.  She states
that she can no longer witness the slaughter of innocent lives being taken
daily without taking action.  By upgrading her discharge status, this would
allow her to once again serve her country in the capacity much needed in
wartime.  She states that although she is now 45 years old, she is healthy
and quite able to contribute.  She further states that she has had the
pleasure of obtaining two Military Occupational Specialties (MOS), the
first being a Medic (91B10) and the second a Supply Clerk (76Y10).  Her
civilian life has evolved from her training as a medic.  She finally states
that she would like the Board to please review her request and allow her to
serve her country.

3.  The applicant provides a self-authored letter in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 19 July 1984, the date she was discharged from active
duty.  The application submitted in this case was received on 10 March
2005.

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 19 June 1979, the applicant enlisted in the Regular Army for a
period of
4 years.  She was trained in, awarded, and served in MOS 76Y10 (Unit Supply
Specialist).  The highest grade she attained was pay grade E-4.

4.  On 14 December 1982, the applicant was barred from reenlistment.  The
bar to reenlistment was based on three occasions of job
performance/shortcomings, three occasions of failure to repair, and failure
to comply with instructions.  The applicant was furnished a copy of the
commanding officer’s recommendation and was counseled and advised of the
basis for the action.

5.  On 23 June 1983, the applicant was convicted at a Special Court-Martial
of stealing one pair of ladies pants, one belt, one jacket, and one stapler
of a value of about $70.45, the property of the Army and Air Force Exchange
System.  She was sentenced to a reduction to pay grade E-1 and a BCD.  On
29 July 1983, the convening authority approved the sentence and on 23 March
1984, the United States Army Court of Military Review affirmed the sentence
and the findings of guilty and ordered the sentence to be duly executed.

6.  Between 19 August 1983 and 18 July 1984, the applicant was in an excess
leave status without pay and allowances.

7.  On 19 July 1984, the applicant was discharged under the provisions of
Army Regulation 635-200, chapter 3, as a result of a court-martial with a
BCD.  She had completed 5 years, 1 month, and 1 day of creditable active
military service.

8.  On 19 March 1985, the Army Discharge Review Board (ADRB) determined
that the applicant’s discharge was proper and equitable and it voted to
deny the applicant’s request for an upgrade of her discharge.

9.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 3, in effect at the time,
provided the policies and procedures for separating members with a
dishonorable or bad conduct discharge.  It stipulated that a Soldier would
be given a bad conduct discharge pursuant only to an approved sentence of a
general or special court-martial, and that, the appellate review must be
completed and the affirmed sentence ordered duly executed.

10.  Title 10 of the United States Code, section 1552 as amended, does not
permit any redress by this Board of the finality of a court-martial
conviction and empowers the Board to only change a discharge if clemency is
determined to be appropriate.

11.  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.  The U.S. Court of Appeals, observing
that applicants to the Army Discharge Review Board (ADRB) are by statute
allowed 15 years to apply there, and that this Board's exhaustion
requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens
that filing period, has determined that the
3-year limit on filing to the Army Board for Correction of Military Records
(ABCMR) should commence on the date of final action by the ADRB.  In
complying with this decision, the ABCMR has adopted the broader policy of
calculating the 3-year time limit from the date of exhaustion in any case
where a lower level administrative remedy is utilized.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that the applicant’s trial by court-
martial was warranted by the gravity of the offenses for which she was
charged.  Conviction and discharge were effected in accordance with
applicable law and regulations and her rights were protected throughout the
court-martial process.

2.  By law, any redress by this Board of the finality of a court-martial
conviction is prohibited.  The Board is only empowered to change a
discharge if clemency is determined to be appropriate to moderate the
severity of the sentence imposed.

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.  Records show the applicant exhausted her administrative remedies in
this case when her case was reviewed by the ADRB on 19 March 1985.  As a
result, the time for her to file a request for correction of any error or
injustice to this Board expired on 18 March 1988.  However, she failed to
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

__WDP  _  __TMR__  __RJF __  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 D. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003730                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050105                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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