RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 14 August 2007
DOCKET NUMBER: AR20070005162
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. Michael L. Engle
Analyst
The following members, a quorum, were present:
Mr. Michael J. Flynn
Chairperson
Mr. Larry W. Racster
Member
Mr. Donald W. Steenfott
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 reconsideration of her earlier request for upgrade of her general, under honorable conditions discharge to honorable.
2. The applicant states, in effect, that the Board did not take into consideration her first period of service and the awards that she had earned.
3. The applicant provides documentation through counsel.
COUNSEL'S REQUEST, STATEMENT, AND EVIDENCE:
1. Counsel requests reconsideration of the applicant's earlier request for upgrade of her general, under honorable conditions discharge to honorable.
2. Counsel states that the applicant gave 6 good years of her life in the defense of our country. She made an error and was punished by loss of pay and rank, and by having to pull extra duty, Counsel contends that this should have been fit punishment for her mistake. However, she has also been denied the educational benefits that she paid for while in the military.
3. Counsel provides a copy of her Certificate of Release or Discharge from Active Duty (DD Form 214), a negative criminal records check from the Arizona Department of Public Safety, and seven letters of support from the Military Order of the Purple Heart, employers, family, and friends.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR 20050008801, on 11 April 2006.
2. The arguments by the applicant and counsel and the attached letters of support constitute new evidence requiring consideration by the Board.
3. A review of the applicant's records shows that she had attained the rank of specialist, pay grade E4, and was on the promotion recommended list for sergeant, pay grade E5.
4. The applicant served a tour of 7 months in Saudi Arabia and 12 months in the Republic of Korea.
5. The applicant's awards include the Army Achievement Medal for meritorious service, National Defense Service Medal, Southwest Asia Service Medal with
2 bronze service stars, Army Service Ribbon, Overseas Service Ribbon, Kuwait Liberation Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar.
6. The letters of support provided by the applicant indicate that she feels great remorse for the mistakes she made while in the military service and that, since her separation, she has been a proven asset to our society. Her employer stated that she is reliable, honest, and professional at all times. Her co-workers say that she performed her duties and was a likable employee with staff and students. Her family and friends state that she exemplifies the characteristics of enthusiasm for learning and has self control and respect for others.
DISCUSSION AND CONCLUSIONS:
1. The applicant's record of good service is greatly diminished by the multiple nonjudicial punishments she received for use of controlled substances and is outweighed by the circumstances of the discharge.
2. The applicants good post-service conduct is noted. However, it does not sufficiently mitigate her repeated acts of indiscipline during her military service.
3. Accordingly, she has not provided any evidence or sufficiently mitigating argument to warrant an upgrade of her discharge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ MJF __ _LWR___ __DWS _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 to amend the decision of the ABCMR set forth in Docket Number AR 20050008801, dated 11 April 2006.
____ Michael J. Flynn _____
CHAIRPERSON
INDEX
CASE ID
AR20070005162
SUFFIX
RECON
DATE BOARDED
20070814
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
. . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
144.6000
2.
3.
4.
5.
6.
ARMY | BCMR | CY2006 | 20060010618C071029
On 14 June 1971, the applicant was discharged, with an undesirable, under other than honorable conditions discharge, under the provisions of Army Regulation 635-206 after completing 2 years, 5 months, and 14 days of creditable active service with no time lost. On 7 December 1973, the Army Discharge Review Board denied the applicant’s request for an upgrade. Army Regulation 635-206, then in effect, provided, in pertinent part, that an enlisted member who was convicted by a civilian court of...
ARMY | BCMR | CY2002 | 2002070827C070402
The Board considered the following evidence: NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in the Proceedings prepared to reflect the consideration of Docket Number AR1999016700 by the Army Board for Correction of Military Records (ABCMR) on 15 July 1999. Therefore, there is no authority for granting the applicant’s request for these medals.
ARMY | BCMR | CY2006 | 20060006290C070205
The applicant's records show she served during the qualifying period for award of the Global War on Terrorism Service Medal. The evidence shows the applicant served in support of the Global War on Terrorism during the qualifying period for award of the Global War on Terrorism Service Medal. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the applicant the Global War on Terrorism Service Medal and adding this...
ARMY | BCMR | CY2007 | 20070004011
The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Purple Heart and the Combat Action Badge. The applicant states that while serving in Iraq with the United States Army he received two concussive brain injuries. Therefore, his records should be corrected to show these awards.
ARMY | BCMR | CY2007 | 20070003802
The applicant requests reconsideration of an earlier request for correction of his Armed Forces of the United States Report of Transfer or Discharge (DD Form 214) to show award of the Army Commendation Medal. Therefore, his records should be corrected to show this award. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army...
ARMY | BCMR | CY2008 | 20080001384
The applicant requests through her Member of Congress (MOC), in effect, reconsideration of her request that the records of her deceased spouse, a former service member (FSM), be corrected to show he applied for a Reserve Components Survivor Benefit Plan (RCSBP) annuity for her and to show she is entitled to receive a RCSBP annuity. The evidence in this case also shows the applicant applied for reconsideration of her originally denied request for the correction of the FSM's records to show...
ARMY | BCMR | CY2007 | 20070004333
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 14 August 2007 DOCKET NUMBER: AR20070004333 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. The applicant requests correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Kuwait Liberation Medal and the Noncommissioned Officer Professional Development Ribbon. ...
ARMY | BCMR | CY2004 | 20040009770C070208
Michael J. Flynn | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR1999026992, on 3 May 2000. Therefore, he is entitled to correction of his records to show this unit award.
AF | BCMR | CY2006 | BC-2006-02719
His military records state he was unable to conform to military standards and that rehabilitation was unwarranted. On 8 Dec 1986, the applicant was separated from military service and issued a general discharge. ________________________________________________________________ RECOMMENDATION OF THE BOARD: The applicant be notified that the evidence presented did not demonstrate the existence of probable material error or injustice; that the application was denied without a personal...
He suggested that she submit to a pregnancy test to determine if she was pregnant before the date she came to his room. The counsel's complete statement is at Exhibit H. _________________________________________________________________ THE BOARD CONCLUDES THAT: 1. _________________________________________________________________ THE BOARD DETERMINES THAT: The applicant be notified that the evidence presented did not demonstrate the existence of material error or injustice; that the...