IN THE CASE OF:
BOARD DATE: 25 March 2010
DOCKET NUMBER: AR20090014801
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 an honorable discharge.
2. The applicant states he made a pass at a bartender after she flirted with him several times. Afterwards, she reported him for harassment.
3. The applicant provides no additional documentation in support of this case.
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. With prior enlisted service, the applicant was appointed a Reserve commissioned second lieutenant, Quartermaster (QM) Corps on 3 December 1988. He was assigned to the 194th Armored Brigade, Fort Knox, Kentucky.
3. On 4 May 1992, the Commander, 194th Armored Brigade, issued the applicant a Memorandum of Reprimand (MOR) for indecently assaulting a female employee at a post club after he grabbed her breast and made lewd comments to her. The Commander's investigation learned the applicant had a history of harassing women in the Brigade and at Fort Knox. The applicant acknowledged receipt of the MOR and elected not to make a statement.
4. Also on 4 May 1992, the applicant tendered his resignation under the provisions of Army Regulation 635-120, chapter 3, due to conduct-related circumstances. He acknowledged his resignation would be under honorable conditions and he would receive either an Honorable or General Discharge Certificate, as determined by Headquarters, Department of the Army (HQDA).
5. On 23 July 1992, HQDA approved the applicants resignation and directed he receive a General Discharge Certificate.
6. The Army discharged the applicant on 15 August 1992 with 3 years,
5 months, and 24 days of creditable active service as a commissioned officer.
7. Army Regulation 635-120 sets forth the basic authority for the separation of officer personnel from the active Army. Chapter 3 provides the policies and procedures for officers requesting unqualified resignation for miscellaneous reasons.
DISCUSSION AND CONCLUSIONS:
The applicants discharge was accomplished in compliance with applicable regulations with no indication of procedural errors which would have jeopardized his rights. His request for resignation was properly submitted to HQDA and upon review of the facts and circumstances it was approved with the issuance of a general discharge under honorable conditions. The applicants characterization of service was appropriate. The quality of his service was not consistent with Army standards of acceptable personal conduct and performance of duty.
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) AR20090014801
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ABCMR Record of Proceedings (cont) AR20090014801
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