RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060014182 


	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. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Ms. Linda M. Barker

Member

Mr. Michael J. Flynn

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 under other than honorable conditions discharge be upgraded to honorable.

2.  The applicant states, in effect, that she completed her basic training and was assigned to Ludwigsburg, Germany.  Her problems began with becoming pregnant, having an abortion, and then abusing alcohol to cope with her feelings of depression brought about by her deciding to save her military career over becoming an unwed mother.  She relates an incident of her being sexually assaulted in her barracks; having to testify against the individual, and how she was targeted as a racist.  Later she was reassigned to Fort Riley, Kansas, where she purchased a new car.  When she was ordered back to Germany for Operation Reforger training, she asked a friend to drive her new car to her hometown to preclude possible vandalism to her vehicle.  Her friend was seriously injured in an accident that also destroyed her car.  Until this time, she had been able to maintain her duty performance without any negative write-ups.  When she returned from Germany, she was given 4 days of authorized leave; however, when she went home on this leave, she could not take anymore and did not return.  She was now absent without leave (AWOL) and eventually became a deserter.  The applicant further states that she could no longer function due to the tremendous pressure of emotional and mental stress during these 3 years.  Just before her expiration term of service (ETS) she was turned into the authorities and sent back to the military.  By this time, she was strung out on drugs and alcohol and did not know what was happening to her.  She was completely out of her mind.  She has been struggling ever since.  She has had some success with treatment programs for her drug and alcohol abuse, but needs help to get her Veterans Affairs benefits restored so that her children and she can receive the help they need so much to move on with their lives.  She is currently receiving some civilian assistance, but nowhere near what she could receive with veteran's benefits.

3.  The applicant provides a copy of her Certificate of Release or Discharge from Active Duty (DD Form 214); police records from the City of Selma and Dallas County, Alabama; and a letter from a psychiatrist describing her current medical treatment.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 6 June 1989, the date of her discharge.  The application submitted in this case is dated 28 September 2006.

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 6 September 1985, the applicant enlisted in the Regular Army for 3 years.  She completed her initial training and was awarded military occupational specialty 91A1O (Medical Specialist).  

4.  On 5 February 1986, the applicant was assigned for duty as an ambulance driver with the 651st Medical Company, in the Federal Republic of Germany.  She served in this assignment for 2 years and was returned to the United States for duty at Fort Riley, Kansas.

5.  On 13 April 1987, the applicant extended her enlistment contract for a period of 7 months making her ETS now 5 April 1989.

6.  On 4 November 1988, the applicant's duty status was changed from present for duty to AWOL.  On 4 December she was dropped from the Army rolls and listed as a deserter.

7.  On 31 March 1989, the applicant was apprehended by civilian authorities and returned to military control.

8.  The discharge packet is missing from her military records.  However, her 
DD Form 214 shows that she was administratively discharged on 6 June 1989, under the provisions of Army Regulation 600-200, Chapter 10, for the good of the service, in lieu of trial by court-martial.  Her service was characterized as under other than honorable conditions.  She had completed 3 years, 4 months and 
4 days of creditable active duty and had 147 days of lost time due to AWOL.

9.  There is no indication that the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.


10.  Army Regulation 635-200 (Personnel Separations) 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 trail by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.

11.  Under the UCMJ, the maximum punishment allowed for violation of Article 86, for AWOL of more than 30 days is a dishonorable discharge and confinement for 1 year.

12.  The police records submitted by the applicant show that she was involved in unlawful incidents prior to, during, and after her period of military service.

13.  On 3 May 2006, the applicant's psychiatrist wrote a letter indicating that she was being treated at that time for bipolar disorder and that she had been compliant with all medications and appointments.  Furthermore, it indicated that she had received treatment from October 2004 to December 2005 for substance abuse.

DISCUSSION AND CONCLUSIONS:

1.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record.

2.  There is no available evidence to support the applicant's contention that she suffered from emotional and mental stress prior to or during her term of enlistment.   Furthermore, there is no available evidence to show that she had any mitigating circumstances or that her AWOL was a reasonable solution to them.  

3.  In view of the foregoing, there is no basis for granting the applicant's request.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 June 1989; therefore, the time for the applicant to file a request for correction of any error or injustice expired on
5 June 1992.  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

__LE____  __MJF__  __LMB___  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.



  
___     Lester Echols_________
          CHAIRPERSON




INDEX

CASE ID
AR20060014182
SUFFIX

RECON
 
DATE BOARDED
20070329 
TYPE OF DISCHARGE
UOTHC
DATE OF DISCHARGE
19890606
DISCHARGE AUTHORITY
AR .635-200  ch 10 . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
144
2.

3.

4.

5.

6.