IN THE CASE OF:	  

		BOARD DATE:	  4 October 2011

		DOCKET NUMBER:  AR20110006188 


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 upgrade of her general discharge to an honorable discharge.

2.  The applicant states her discharge for misconduct - commission of a serious offense was bogus.  It was just a front to kick her out.

3.  The applicant provides no additional documentation.

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 available evidence of record shows the applicant served in the following components during the periods indicated:

COMPONENT
DATES OF SERVICE
Army National Guard (ARNG):
23 February - 23 April 1990
Active Duty for Training (ADT):  
24 April - 25 September 1990
ARNG
26 September - 22 November 1990
Active Duty [mobilization]
23 November 1990 - 27 July 1991
ARNG
28 July 1991 - 17 November 1993
Regular Army (RA):
18 November 1993 - 17 November 1996
U.S. Army Reserve (USAR)
   Control Group
18 November 1996 - 22 February 1998
USAR
2 November 1998 - 28 April 2001
3.  On 29 April 2001, the applicant entered active duty in an Active Guard Reserve (AGR) status.  Her military occupational specialty was 92A (Automated Logistical Specialist).

4.  On 1 May 2004, the applicant was promoted to the rank/grade of sergeant (SGT)/E-5.

5.  The specific facts and circumstances of the applicant's discharge are not contained in her available military records.  However, the DD Form 214 (Certificate of Release or Discharge from Active Duty) she was issued at the time of her separation shows that she was administratively discharged on 4 October 2005 under the provisions of Army Regulation 600-200 (Personnel Separations - Active duty Enlisted Administrative Separations), paragraph 14-12c, by reason of misconduct - commission of a serious offense.  Her service was characterized as under honorable conditions (General).  She completed a total of 8 years, 7 months, and 21 days of creditable active service.  She also had completed 6 years, 3 months, and 12 days of inactive service.

6.  On 18 January 2007, the applicant applied to the Army Discharge Review Board (ADRB) for an upgrade of her discharge.  On 15 February 2008, after careful review of her application, military records, and all other available evidence, the ADRB presumed administrative regularity and determined that the reason for her discharge and the characterization of service were both proper and equitable.  As a result, the applicant's request for a change in the character and/or reason for her discharge was denied.

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include the commission of a serious offense.  Action will be taken to separate a member for misconduct when 


it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  The misconduct is considered a commission of a serious military or civil offense when the specific circumstances of the offense warrant separation and a punitive discharge is, or would be, authorized for the same or a closely-related offense under the Uniform Code of Military Justice (UCMJ).

	b.  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.

8.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The ABCMR will decide cases on the evidence of record; it is not an investigative body.  The regulation provides 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 her general discharge should be upgraded to an honorable discharge because it was just a front used to kick her out.

2.  The applicant's available records do not contain any evidence of the misconduct that led to her discharge.  Furthermore, the applicant has not provided any substantiating evidence or convincing argument to support her contention that her discharge was unjust.  As such, the presumption of regularity must be made in this case.  Therefore, 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)                                         AR20110006188



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ABCMR Record of Proceedings (cont)                                         AR20110006188



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