RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060015659 


	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. William D. Powers

Chairperson

Mr. William F. Crain

Member

Mr. Dale E. DeBruler

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 general under honorable conditions.

2.  The applicant states, in effect, that her discharge was inequitable because the recruiter promised that she would be assigned to Fort Belvoir, Virginia, when she completed her advanced individual training.  Instead, she was assigned to Fort Riley, Kansas, where she became sad and depressed due to problems with caring for her two young children and not having a job in her military occupational specialty (MOS).  She further states that the chain of command and the chaplain were of little help to her in solving her difficulties.  Due to her youth and immaturity, she chose to flee.  When she was returned to military control, she contends that no military counsel of her choice was readily available and she was not advised of the legal significance of her discharge.  The effects of an under other than honorable discharge has been a bad mark on her citizenship.  It was her lack of maturity and youth that led her to going absent without leave (AWOL). She says that she is now an outstanding citizen and wants to reverse the effects of her AWOL.

3.  The applicant provides a copy of her request for discharge for the good of the service, charge sheet, and three letters of support from friends and co-workers. 

CONSIDERATION OF EVIDENCE:

1.  On 1 October 1984, the applicant enlisted in the Regular Army for 3 years.  She completed her initial training and was awarded military occupational specialty 52C1O (Utilities Equipment Repairer).

2.  On 27 March 1985, the applicant was assigned to Fort Riley, Kansas, for duty with the 1st Maintenance Battalion.  She went AWOL on 4 April 1985. 

3.  On 25 May 1988, charges were preferred under the Uniform Code of Military Justice for violation of Article 86, AWOL, during the period from 4 April 1985 to 20 May 1988 (1142 days). 

4.  On 26 May 1988, the applicant consulted with legal counsel and was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the UCMJ, the possible effects of an under other than honorable conditions discharge, and of the procedures and rights that were available to her.  Subsequent to receiving this legal counsel, the applicant voluntarily requested discharge for the good of the service, in lieu of trial by court-martial. 

5.  In her request for discharge, the applicant indicated that she understood that by requesting discharge, she was admitting guilt to the charge against her, or to a lesser included offense that also authorized the imposition of a bad conduct or dishonorable discharge.  She further acknowledged she understood 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.   

6.  On 10 June 1988, the separation authority approved the applicant’s request for discharge and directed that she be issued an under other than honorable conditions discharge.  On 12 July 1988, the applicant was discharged accordingly.  She had completed a total of 7 months and 26 days of creditable active military service and accrued 1142 days of time lost due to AWOL.

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

8.  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.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was charged with the commission of an offense punishable under the UCMJ with a punitive discharge. After consulting with defense counsel, she 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.  
2.  The applicant's record is devoid of any redeeming service.  

3.  The type of discharge and reasons therefore were appropriate considering all of the facts of the case.

4.  The applicant’s good post-service conduct is noted.  However, it does not sufficiently mitigate her excessive act of indiscipline during her military service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__DED __  __WDP _  __WFC __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





__   _William D. Powers____
          CHAIRPERSON




INDEX

CASE ID
AR20060015659
SUFFIX

RECON
 
DATE BOARDED
20070426 
TYPE OF DISCHARGE
UOTHC
DATE OF DISCHARGE
19880712
DISCHARGE AUTHORITY
AR 635-200, CH 10. . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
144.7000
2.

3.

4.

5.

6.