IN THE CASE OF:
BOARD DATE: 31 March 2011
DOCKET NUMBER: AR20100022964
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 bad conduct discharge (BCD) be upgraded.
2. The applicant states that:
a. despite immediately making full restitution she received a BCD;
b. upon returning to civilian life, no one would trust her in a responsible position and she had to take menial jobs to support her family; and
c. the local police record reports show that she has committed no such offense since her, "first indiscretion 21 years ago" and the certificates show she has been a valued professional employee for years now.
3. The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), the report of no police record at the Buffalo, New York Police Department, certificate of no police record at the Cheektowaga Police Department, certificate as a Registered Magnetic Resonance Imaging Technician and a certificate of recognition for 20 years employment.
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. On 26 February 1986 the applicant, a 25 year old holder of an associate's degree, enlisted in the Regular Army and entered active duty as a private first class (E-3).
3. She completed training as a Veterinary Food Inspection Specialist and was advanced to specialist (E-4) on 1 March 1987.
4. At a 10 February 1988 special court-martial, the applicant pled guilty to three specifications of larceny and two specifications of forgery in incidents that involved two stolen checks and the stolen automatic teller machine (ATM) card of a fellow Soldier and two separate banking institutions. The sentence consisting of a BCD was approved as adjudged.
5. The applicant was placed on involuntary appellate leave. The documentation of the judicial review process is not in the available records. The BCD was executed on 9 March 1989. The applicant had completed 3 years and 14 days of creditable service.
6. There is no indication that the applicant applied to the Army Discharge Review Board.
7. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military Records (ABCMR). Paragraph 2-9 states that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her post service behavior and conduct warrant the upgrading of her discharge.
2. The evidence of the applicant's post service behavior and conduct is noted but these factors are not so exceptionally meritorious as to warrant the requested relief.
3. The applicant's misconduct warranted trial by court-martial and the resultant discharge.
4. The Board must presume administrative regularity.
5. 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.
6. There is no basis for granting the applicant's requested relief.
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) AR20100022964
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ABCMR Record of Proceedings (cont) AR20100022964
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