RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 July 2007
      DOCKET NUMBER:  AR20070001595


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, in effect, that her under other than honorable
conditions (UOTHC) discharge be upgraded to an honorable discharge (HD).

2.  The applicant states, in effect, the UOTHC discharge shown in orders
issued by the United States Army Reserve (USAR) are incorrect and should
show she received an HD.  She claims to have requested and been granted an
HD based on hardship.  She states that as she recalls, her paperwork was
submitted incorrectly and was later corrected.  She requests her file be
reviewed and that this error be corrected.  She states it is important that
her records be corrected because it is a reflection on her character.  She
claims to have lived an exemplary life and the legacy she leaves to her
children is that one must value oneself and show dedication and commitment
in all endeavors.

3.  The applicant provides the following documents in support of her
application:  Letter of Appreciation, dated 14 November 1978; Letter of
Recommendation, dated 30 May 1979; Annual Training Reserve Evaluation
Report, dated
8 September 1979; Promotion Orders; Army Achievement Medal (AAM)
Certificate, dated 3 August 1981; Individual Ready Reserve (IRR) Transfer
Orders, dated 6 July 1982; and Discharge Orders, dated 30 August 1984;

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 30 August 1984, the date of her discharge.  The
application submitted in this case is dated 22 January 2007.

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's record shows that she enlisted in the USAR for six
years on
2 May 1978.

4.  On 22 September 1978, the applicant entered active duty to complete
initial active duty for training (IADT).  She successfully completed basic
combat training at Fort McClellan, Alabama and advanced individual training
at Fort Sam Houston, Texas.  Upon completion of AIT, she was awarded
military occupational specialty (MOS) 91C (Clinical Specialist).

5.  On 1 June 1979, she was honorable released from active duty and
returned to her USAR unit, the 349th General Hospital, Bell, California.
The separation document (DD Form 214) she was issued shows she completed 8
months and 10 days of active military service and that she earned the
Expert Marksmanship Qualification Badge with Rifle Bar during her active
duty tenure.

6.  The applicant's Military Personnel Records Jacket (MPRJ) contains an
AAM Certificate that shows the applicant was awarded the AAM for
meritorious service while assigned to the 349th General Hospital during the
period 2 June 1979 through 3 August 1981.  Her MPRJ is void of any
documents related to a requested or approved hardship discharge on the
applicant.

7.  The applicant's MPRJ does contain Letters of Instruction-Unexcused
Absence, dated 20 January 1982, 23 February 1982, and 25 April 1982.  These
letters document the applicant's absences on 16 and 17 January 1982, 20 and
21 February 1982, and 17 and 18 April 1982.  In the these letters, the unit
commander notified the applicant that attendance records showed she was
absent from the scheduled unit training assembly (UTA) or multiple assembly
(MUTA), and that unless the absences were excused, the applicant would have
accrued 12 unexcused absences within a one year period.  The applicant was
advised on the criteria for having her absences excused and of the
procedures for requesting excused absences.  The applicant signed for the
25 April 1982 letter on a Return Receipt (PO Form 3811) on 1 May 1982.

8.  On 5 May 1982, the unit commander mailed the applicant a Notice of
Unsatisfactory Performance Letter and notified the applicant that since she
had not submitted a request that her absences be excused, he was declaring
her an unsatisfactory performer.  The unit commander also sent the
applicant a letter notifying her that he was initiating action to separate
her from the USAR for misconduct.  It also indicated that if she were
separated, her service would be characterized as Under Honorable
Conditions.  The applicant signed for both letters on PO Forms 3811 on 18
May 1982.

9.  On 6 July 1982, Headquarters, 63rd United States Army Reserve Command,
Los Alamitos, California, directed the applicant's reassignment to the USAR
Control Group (Annual Training), effective 13 July 1982.  The special
instructions of these orders indicated the applicant had been assigned to
the IRR UOTHC.

10.  On 29 August 1984, United States Army Reserve Personnel Center
(USARPERSCEN) Orders Number D-08-029777, directed the applicant's reduction
from specialist four to private/E-1 based her being separated UOTHC.

11.  On 30 August 1984, United States Army Reserve Personnel Center Orders
Number D-08-904149 directed the applicant's discharge from the USAR on
30 August 1984.  These orders also directed the applicant receive an UOTHC
discharge.

12.  The applicant provides a Letter of Appreciation, dated 14 November
1978, which she received in basic combat training.  This document
recognized her for her hard work in a leadership position, specifically for
preparing members of her platoon for various phases of their training and
at the same time maintaining a high degree of military standards herself.
She also provides a Letter of Recommendation, dated 30 May 1979, from the
Noncommissioned Officer in Charge (NCOIC), Nursing Education and Training,
Silas B. Hays Army Hospital, Fort Ord, California, which recognized her for
her performance in the clinical portion of her training as a patient care
specialist.  She also provides an Annual Training Evaluation Packet for the
period 26 August through 8 September 1979, which shows she received an
excellent rating for the period.

13.  There is no indication that the applicant petitioned the Army
Discharge Review Board for an upgrade of her discharge within that board's
15-year statute of limitations.

14.  Army Regulation 135-178 sets policies, standards, and procedures for
the administrative separation Army National Guard of the United States
(ARNGUS) and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of
reasons.  Chapter 13 contains guidance on separating members for
unsatisfactory participation.  It states, in pertinent part, that
Characterization of service normally will be UOTHC, but a general, under
honorable conditions discharge (GD) may be warranted under the
characterization guidelines of the regulation.

15.  The separation regulation characterization guidelines state that the
characterization of service upon separation is of great significance to the
Soldier. It must accurately reflect the nature of service performed.
Eligibility for veterans' benefits provided by law, eligibility for reentry
into the military service, and acceptability for employment in the civilian
community may be affected by the service characterization. The type of
discharge and character of service will be determined solely by the
military record during the current enlistment or period of service, plus
any extension thereof, from which the Soldier is being separated.

16.  The characterization guidelines further state that the Soldier's
performance of duty and conduct must be accurately evaluated.  The
evaluation must be based on the overall period of service and not on any
isolated actions or entries on the record.  Separations where the service
has been characterized as Honorable, or Under Honorable Conditions entitle
a Soldier to Federal rights and benefits as provided by law.  However,
separation characterized as UOTHC could deprive the Soldier of veteran's
benefits administered by the Department of Veterans Affairs (DVA).  A
determination by that agency is required in each case.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her UOTHC discharge should be upgraded
to an Honorable Discharge because she had a hardship discharge submitted
and approved, and based on her post service conduct was carefully
considered.  However, there is insufficient evidence to show she had an
approved hardship discharge, and her unsatisfactory participation clearly
diminished the overall quality of her service below that meriting a fully
Honorable Discharge.

2.  However, the evidence of record does confirm the applicant's unit
commander advised her that if her separation was approved, her service
would be characterized as Under Honorable Conditions, or in other words,
that she would receive a General, Under Honorable Conditions Discharge.

3.  Further, the applicant's record shows that during her military service
she was recognized with an AAM for her meritorious service between 2 June
1979 and
3 August 1981.  It also shows she received a Letter of Appreciation in
November 1978, a Letter of Recommendation in May 1979, and an Excellent
Annual Training Evaluation in September 1979.

4.  Based on the original recommendation of the applicant's unit commander,
and on her overall record of service, it would be appropriate to correct
her record to show her 13 July 1982 transfer to the USAR Control Group was
accomplished Under Honorable Conditions, and to show she was discharged on
30 August 1984, in the rank of SP4, and the type discharge she received was
a General, Under Honorable Conditions Discharge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___KAN_  __SAP __  __EEM  _  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing she was
transferred to the USAR Control Group "Under Honorable Conditions" on 13
July 1982, instead of UOTHC as is currently shown; and that she was
discharged on 30 August 1984, in the rank of specialist four, and received
a General, Under Honorable Conditions Discharge instead of an UOTHC
Discharge as is currently shown; and issuing her corrected orders that
reflect these changes.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
upgrading her discharge to fully honorable.




                                  _____Kathleen A. Newman___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001595                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/07/10                              |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |1984/08/30                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |Misconduct- Unsat Part                  |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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