BOARD DATE:	  21 October 2010

		DOCKET NUMBER:  AR20100013158 


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 her general, under honorable conditions discharge be upgraded to honorable.

2.  The applicant states the following:

* there is information missing from her records
* she is attempting to obtain veteran's insurance 
* she is a single parent, was injured in an automobile accident, lives in a high cost-of-living area, and needs all the help she can get

3.  The applicant does not provide any additional documentary evidence. 

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's record shows she enlisted in the Regular Army on 1 February 1989.  She completed basic combat and advance individual training and she was awarded military occupational specialty 95B (Military Policeman).  The highest rank/grade she attained while serving on active duty was specialist four    (SP4)/E-4.

3.  Her record contains numerous counseling statements, dated between          12 January 1990 and 26 January 1993, she received on different occasions for communicating a threat, using profanity, failure to report for duty, failure to follow orders, misusing a ration card, disrespect to a noncommissioned officer, indebtedness, providing her daughter with a dangerous weapon to take to school and misappropriation of a government vehicle.

4.  Her record reveals she received nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice on 1 February 1993 for dereliction of duties in that she failed to secure her weapon.

5.  On 29 March 1993, at Wildflecken Germany, she was notified by her immediate commander that discharge action was being initiated against her under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 14-12b, for a pattern of misconduct and for failing to secure her duty weapon.  The commander also notified her that he was recommending she receive an Under Other Than Honorable Conditions Discharge Certificate. 

6.  On 29 Mach 1993, she acknowledged notification of her proposed discharge from the Army.  On 30 March 1993, she consulted with legal counsel and she was advised of the basis for the contemplated separation from the Army; the effect on future enlistment in the Army; the possible effects of an under other than honorable and a general, under honorable conditions discharge; and of the procedures and rights that were available to her.  The trial defense officer noted the applicant declined to sign the legal counseling memorandum.

7.  On 15 April 1993, her battalion commander recommended her separation under the provisions of Army Regulation 635-200, paragraph 14-12b, be approved and recommended she be issued an Under Other Than Honorable Conditions Discharge Certificate. 

8.  On 21 April 1993, the separation authority approved her discharge under Army Regulation 635-200, paragraph 14-12b and directed issuance of a General Discharge Certificate.  On 3 June 1993, she was discharged accordingly.  
The DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued confirms she was discharged under the provisions of Army Regulation 635-200, chapter 14-12b, by reason of misconduct - pattern of misconduct with an under honorable conditions characterization of service.  She completed a total of 4 years, 4 months, and 3 days of creditable active service with no lost time.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.  Only a general court-martial convening authority may approve an honorable discharge or delegate approval authority for an honorable discharge under this provision of regulation.

10.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member's service generally has met the standards of acceptable conduct and performance of duty for Army personnel or is otherwise so meritorious that any other characterization would be clearly inappropriate.

11.  Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions.  When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.  A characterization of under honorable conditions may be issued only when the reason for the Soldier's separation specifically allows such characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention her general, under honorable conditions discharge should be upgraded to an honorable discharge so she may receive insurance for her family was carefully considered.

2.  The ABCMR does not grant relief solely for the purpose of making an applicant eligible for veterans or other benefits.   

3.  The evidence of record shows she demonstrated she could not or would not meet acceptable standards required of enlisted personnel as evidenced by the numerous counseling statements she received and the NJP she received for dereliction of duty.  Accordingly, her immediate commander initiated separation action against her.
 
4.  Her separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.  The type of discharge directed and the reason for separation therefore were appropriate considering all the facts of the case.  Based on her overall record, the applicant's service does not meet the standards of acceptable conduct of duty for Army personnel.  Therefore, she is not entitled to a general or an honorable discharge.

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)                                         AR20100013158



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ABCMR Record of Proceedings (cont)                                         AR20100013158



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