IN THE CASE OF:
BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100011837
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 narrative reason for separation be changed from in lieu of trial by court-martial to Secretarial Authority.
2. The applicant states her recruiter wrongfully influenced her to go into an absent without leave (AWOL) status while she was in transit to advanced individual training.
3. The applicant provides:
* A self-authored letter dated 8 March 2010
* A copy of her DD Form 214 (Certificate of Release or Discharge from Active Duty) showing her service was uncharacterized by the Army Discharge Review Board (ADRB) on 11 June 2007
* A copy of her original DD Form 214 showing her character of service as under other than honorable conditions
* A copy of the ADRB Case Report and Directive
* A self-authored statement dated 19 March 2008 explaining why she went AWOL
* Statements from her husband and her mother explaining what led to her going AWOL and her conduct since her discharge from the Regular Army (RA)
* A copy of her DA Form 2-1 (Personnel Qualification Record Part II)
CONSIDERATION OF EVIDENCE:
1. The available records show that the applicant enlisted in the RA on 28 March 1996.
2. The applicant went AWOL from on 31 May to 17 August 1996 prior to completing her training.
3. The facts and circumstances surrounding the applicant's discharge are not on file. The DD Form 214 she was furnished shows that on 23 October 1996, the applicant was discharged under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 10, for the good of the service in lieu of trial by court-martial with an under other than honorable conditions discharge. She had completed 4 months and 7 days of net active service this period.
4. On 4 October 2006, the applicant petitioned the ADRB for an upgrade of her discharge. On 8 June 2007, the ADRB directed the issuance of a new DD Form 214 changing the character of her service to "uncharacterized." However the ADRB determined that her narrative reason for separation (for the good of the service in lieu of trial by court-martial) was proper and equitable. Her rank was restored to private first class (E-3) as a result of this correction.
5. On 20 May 2008, the applicant enlisted in the Michigan Army National Guard (MIARNG) for 6 years, in the pay grade of E-3. She is currently a member of the MIARNG.
6. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of that regulation provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.
7. Army Regulation 635-200 states unless the reason for separation requires a specific characterization a Soldier will be awarded uncharacterized service if in an entry-level status. For RA Soldiers, entry-level status is the first 180 days of continuous active service.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends her narrative reason for separation should be changed to Secretarial Authority.
2. Her contentions have been noted. However, there is no basis for granting the requested relief.
3. The available records show she submitted a request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service in lieu of trial by court-martial. A discharge under other than honorable conditions is normally considered appropriate. However, at the time the applicant was discharged she had less than 180 of continuous active service. Therefore, the ADRB changed the character of her service to uncharacterized.
4. Her narrative reason for separation is correct as currently reflected on her
DD Form 214. She was, in fact, discharged for the good of the service in lieu of trial by court-martial and she has provided no evidence to the contrary.
5. The applicant's service and conduct after her release from the RA has been considered. However, it is not sufficient for changing her narrative reason for discharge in 1996.
6. 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
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) AR20100011837
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ABCMR Record of Proceedings (cont) AR20100011837
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