IN THE CASE OF:	  

		BOARD DATE:	        7 August 2008

		DOCKET NUMBER:  AR20080010276 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her under other than honorable conditions (UOTHC) discharge be upgraded to honorable.

2.  The applicant states, in effect, that at the time of her discharge she had a family hardship that prevented her from serving her obligated period of service.  She is now a certified law enforcement officer and her UOTHC is hindering her employment.

3.  The applicant provides a copy of a Florida Department Law Enforcement State Officer Certification Examination.

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 applicant’s 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 applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant enlisted in the Regular Army, under the name L____ A____ P____ for 3 years on 11 September 1985.  She completed basic training but did not complete advanced individual training (AIT).

3.  On 7 January 1986 she notified her command that she had married (on 28 December 1985) and requested that her last name be changed to M____.

4.  The applicant was AWOL (absent without leave) from 21 January 1986 through 16 March 1986.  Upon her return to military control court-martial charges were initiated for this period of AWOL.

5.  After consulting with counsel and being advised of her rights and options, the applicant submitted a formal request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  She acknowledged she had been advised of and understood her rights under the Uniform Code of Military Justice, that she could receive an UOTHC discharge which would deprive her of many or all of her benefits as a veteran, that she could expect to experience substantial prejudice in civilian life if she received an UOTHC discharge.

6.  The applicant was placed on excess leave on 19 March 1986.

7.  The discharge authority approved the applicant's request and directed that she be discharged under other than honorable conditions.  The discharge authority also directed that, in accordance with Army Regulation 635-200, paragraph 1-13, that the applicant be reduced to the lowest enlisted grade and that all charges be dismissed effective the date of her discharge.  

8.  The applicant was discharged on 15 May 1986 in pay grade E-1.  Her DD Form 214 shows that she was discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, Chapter 10, with an UOTHC.  She had 6 months and 9 days of creditable service with 54 days of lost time and 58 days in excess leave status.  

9.  There is no indication the applicant applied to the Army Discharge Review Board within its 15-year statutory limit for review.

10.  A Florida Department Law Enforcement State Officer Certification Examination Test Results shows that the applicant passed a certification examination on 19 February 2008.


11.  Army Regulation 635-200 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 trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.  

12.  The Manual for Courts-Martial, Table of Maximum Punishments, sets forth the maximum punishments for offenses chargeable under the UCMJ.  A punitive discharge is authorized for offenses under Article 86, for periods of AWOL in excess of 30 days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's voluntary request for separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service, to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.

2.  The applicant's completion of the Florida Law Enforcement certification is noted; however, it does not outweigh the offense that led to her discharge, especially in light of the fact that her military record is devoid of significant service.

3.  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 this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X____  ____X __  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.




      _______ _ X  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080010276



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080010276



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1