IN THE CASE OF:	  

		BOARD DATE:  19 January 2012

		DOCKET NUMBER:  AR20110013662 


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, in effect, an upgrade of her discharge from under honorable conditions (general) to honorable.

2.  The applicant states:

* she served proudly and would have died for her country
* she was trying to get out of the Army due to a hardship and instead she was discharged under honorable conditions
* she wants to be able to utilize Veterans Affairs (VA) benefits

3.  The applicant provides a letter from the Army Review Board Agency, Chief, Management Division, dated 14 June 2011.

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 enlisted in the Regular Army on 17 October 1985.  She completed training as a unit supply specialist.

3.  The applicant was counseled on nine separate occasions between 10 April 1987 and 9 July 1987 for the following:

* failure to repair
* purposely failing her annual physical training test
* indebtness
* physical fitness
* failure to be at her appointed place of duty

4.  After each counseling she was told that if her performance and behavior did not improve, she may be administratively discharge.  She was told that elimination from the Army could result in the issuance of a general discharge or a discharge under other than honorable conditions.  She was also told of the affects of a less than fully honorable discharge.

5.  The applicant accepted nonjudicial punishment (NJP) on 29 July and 14 August 1987 for failure to go to her appointed place of duty.

6.  On 8 September 1987, the applicant was notified that she was being recommended for discharge under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  She acknowledged receipt of the notification.  After consulting with counsel, she waived her right to submit a statement in her behalf.

7.  The appropriate authority approved the recommendation for discharge on 18 September 1987 and directed the issuance of a General Discharge Certificate.

8.  On 24 September 1987, the applicant was discharged under honorable conditions, under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance.  She received a General Discharge Certificate.

9  Army Regulation 635-200 (Enlisted Personnel Separations) sets forth the requirements and procedures for administrative discharge of enlisted personnel.


	a.  Chapter 13 provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.

	b.  Paragraph 3-7a states 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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	c.  Paragraph 3-7b states 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 contentions have been noted.  However, her contentions are not supported by the evidence of record.

2.  The available record shows she was counseled on at least nine separate occasions and she accepted NJP twice as a result of her acts of indiscipline.  She was notified by proper authority that she was being recommended for discharge for unsatisfactory performance and she acknowledged receipt of that notification.

3.  She received a character of service based on her overall record of service and in accordance with the applicable regulation.  The fact that she now desires to utilize VA benefits is not a basis for upgrading her general discharge to a fully honorable discharge.

4.  In view of the foregoing, her request should be denied.


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)                                         AR20110013662





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ABCMR Record of Proceedings (cont)                                         AR20110013662



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