RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 1 November 2007
DOCKET NUMBER: AR20070007998
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. James E. Anderholm
Chairperson
Mr. Lester Echols
Member
Mr. Jeffrey C. Redmann
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 upgrade of her discharge under other than honorable conditions, from the United States Army Reserve, to honorable.
2. The applicant states, in effect, that during the period she was a member of the United States Army Reserve, she went to school for training as a licensed practical nurse, took care of her children and parents, and had an abusive husband. She further states that she did her best to care for her family but regrets very much her failing in her duties and obligation to the United States Army Reserve. She was devastated when she received her discharge. To have her discharge changed to honorable means everything to her.
3. The applicant provides copies of her DD Form 214, Letter of Appreciation, an inquiry showing that she is an active, licensed practical nurse, drivers license, and her social security card.
CONSIDERATION OF EVIDENCE:
1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 30 October 1981, the applicant enlisted in the United States Army Reserve for 6 years. She enlisted for training as an Army nurse in military occupational specialty 91C1O.
3. On 2 November 1981, the applicant was ordered to active duty for training and attended the Medical Specialist Course at Fort Sam Houston, Texas. She completed this training and was awarded MOS 91B1O. Completion of this training is a requirement for enrollment into the 91C1O Army Nurse Course.
4. On 26 February 1982, the applicant was honorably released from active duty for training and transferred to the 3297th United States Army Hospital, Chamblee, Georgia.
5. On 27 April 1982, the applicant's unit commander notified her in writing that she had been absent from scheduled unit training on 24 and 25 April 1982. The commander explained to her that if she accumulated nine unexcused absences within a one-year period that she could be declared an unsatisfactory participant and discharged, normally under conditions other than honorable. The applicant signed the certified mail receipt on 28 April 1982.
6. The applicant's commander notified her on three more occasions from May to August 1982, that she had been absent from unit training. The applicant signed the certified mail receipt for each notification.
7. On 1 September 1982, the applicant's commander notified his higher headquarters of the applicant's failures to attend unit training and his determination that she had no intentions of attending drills. He recommended that she be considered for separation for misconduct under the provisions of Army Regulation 135-178, chapter 7, for unsatisfactory participation.
8. Orders 175-41, 81st United States Army Reserve Command, dated
16 September 1982, reduced the applicant from private (pay grade E-2) to private (pay grade E-1). It further reassigned the applicant to the United States Army Reserve Control Group (Annual Training) due to unsatisfactory participation, effective 15 September 1982.
9. Orders D-11-908177, United States Army Reserve Personnel Center, dated 13 November 1987, discharged the applicant from the United States Army Reserve, effective 13 November 1987, under other than honorable conditions.
10. Army Regulation 135-178 establishes the policies and procedures for the administrative separation of enlisted personnel from the Army National Guard and Reserve. Chapter 7 applies to separation of Soldiers for misconduct.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant failed to attend scheduled unit training. She was notified of her failures and acknowledged such by signing the certified mail receipts. She was subsequently reassigned and discharged.
2. 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 the aforementioned requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ JEA __ __LE ___ __JCR __ 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 for correction of the records of the individual concerned.
__ James E. Anderholm ___
CHAIRPERSON
INDEX
CASE ID
AR20070007998
SUFFIX
RECON
DATE BOARDED
20071101
TYPE OF DISCHARGE
UOTHC
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
144.4900
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