IN THE CASE OF:
BOARD DATE: 5 March 2009
DOCKET NUMBER: AR20080016442
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, in effect, reconsideration of her earlier request for correction of her military records by upgrading her bad conduct discharge to a general discharge.
2. The applicant states, in effect, that she was wrongfully accused and served time away from her family. She further states that she is trying to fix what has been wrongfully done to her. She feels that she deserves an upgrade of her discharge because she was an excellent Soldier. She has hopes of reenlisting in the military. The applicant states that another Soldier owed her money. When that Soldier refused to repay her, she went to her company commander for help. However, instead of receiving help, she was bombarded. The company commander had also borrowed money from her and this was an opportunity for the commander to also avoid repaying the debt. A lot of lies were told and she was accused of stealing money. It cost $10,000 or more for an attorney to come from the United States to Iraq; therefore, she had to enter into a pre-trial agreement with the attorneys appointed to her by the company commander. This situation got way out of control, and she lost the money that she was owed, she lost her military career, and she was confined in a military prison. She wants to set the record straight. It took her almost a year to find gainful employment.
3. The applicant provides, in support of her application, a copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 20070012511, on 14 February 2008.
2. The applicant has not provided any new documentary evidence in support of her previous request. She has provided additional explanations which are new arguments that require reconsideration.
3. On 23 May 2005, the applicant was convicted by a general court-martial of making a false statement, one specification of wrongful appropriation, and eight specifications of larceny (stealing from another Soldier). She was sentenced to be reduced to E-1, to forfeit $1000 pay per month for 18 months, to be confined for 18 months, and to be discharged from the service with a bad conduct discharge. On 24 October 2005, the convening authority approved only so much of the sentence as provided for a reduction to E-1, forfeiture of $1000 pay per month for 18 months, confinement for 15 months, and a bad conduct discharge.
4. The applicant was discharged with a bad conduct discharge on
7 March 2007 under the provisions of Army Regulation 635-200, chapter
3, as a result of a court-martial. She had served 1 year, 8 months, and 14 days of active creditable service during this enlistment with 197 days of lost time due to confinement.
5. Army Regulation 15-185, Army Board for Military Records (ABCMR), paragraph 2-15a, provides that if the ABCMR receives a request for reconsideration within 1 year of the ABCMR's original decision and if the ABCMR has not previously reconsidered the matter, the ABCMR staff will review the request to determine if it contains evidence (including, but not limited to, any facts or arguments as to why relief should be granted) that was not in the record at the time of the ABCMR's prior consideration. If new evidence has been submitted, the request will be submitted to the ABCMR for its determination of whether the new evidence is sufficient to demonstrate material error or injustice.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that she was wrongfully convicted. She further suggests that the company commander used the situation as an opportunity to evade repaying a debt owed to her.
2. The applicant's arguments are not supported by any corroborating evidence.
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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X___ ___X_____ DENY APPLICATION
ARD 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 20070012511, dated 14 February 2008.
_______ _ 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.
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