IN THE CASE OF:	  

		BOARD DATE:	  10 January 2012

		DOCKET NUMBER:  AR20110014116 


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 reconsideration of her request for an upgrade of her discharge.

2.  The applicant states she served from September 1983 to November 1988 and was an outstanding Soldier who loved her job.  She married another Soldier in March 1985 and the relationship was very physically, mentally, and sexually abusive.  She states she only told a sergeant and her mother and brother because no one discussed abuse at that time.  She states that her ex-husband made her sign a paper which allowed him to take her son out of the country because she was afraid he would beat her again if she did not sign.  She was absent without leave (AWOL) because she had no help.  She further states that she is a survivor and currently attends groups and classes at the Department of Veterans Affairs (VA).

3.  The applicant provides copies of a VA determination granting her benefits, a letter from a clinical psychologist, a letter from her brother, and a clinical record.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20100007949 on 14 September 2010.

2.  The applicant enlisted in the Regular Army on 16 September 1983 for a period of 3 years and training as a materiel control and accounting specialist.  She completed basic training at Fort McClellan, Alabama, and advanced individual training at Fort Lee, Virginia.  She was transferred to Fort Hood, Texas, for her first duty assignment.

3.  She was advanced to pay grade E-4 on 1 April 1985 and married another Soldier on 3 May 1985.  On 11 April 1986, she extended her enlistment for a period of 33 months and she was transferred to Germany on 4 May 1986.

4.  On 6 June 1987, she was AWOL and remained absent until she was returned to military control at Fort Hamilton, New York, on 8 July 1987.  She was transferred to Fort Dix, New Jersey, where charges were preferred against her because her unit requested that she not be returned.  At the time of her return, she stated she was AWOL because she had many problems in Germany that could not be solved by Army Community Services, mental health, or the chaplain, and her mother was having problems and needed her home.  She also indicated she did not want to remain in the service.

5.  On 10 July 1987 after consulting with defense counsel, the applicant submitted a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 10.  She indicated she was making the request of her own free will without coercion from anyone and she was aware of the implications attached to her request.  She also admitted she was guilty of the charge against her or of lesser-included offense(s) which authorized the imposition of a bad conduct or dishonorable discharge.  She acknowledged she understood she could receive a discharge under other than honorable conditions and she might be deprived of all benefits as a result of such a discharge.  She further declined to submit a statement or explanation in her own behalf.

6.  The appropriate authority approved her request for discharge on 21 September 1987 and directed her discharge under other than honorable conditions.

7.  Accordingly, on 3 November 1987, she was discharged under other than honorable conditions for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10.  She completed 4 years and 16 days of creditable active service and had 32 days of lost time due to AWOL.

8.  There is no evidence in the available records to show she applied to the Army Discharge Review Board for an upgrade of her discharge within that board's 15-year statute of limitations.

9.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 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 at any time after charges have been preferred.  A condition of submitting such a request is that the individual concerned must admit guilt to the charges against him or her or of a lesser-included offense which authorizes the imposition of a bad conduct or dishonorable discharge and he or she must indicate he or she has been briefed and understands the consequences of such a request as well as the discharge he or she might receive.  A discharge under other than honorable conditions is normally considered appropriate.

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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's voluntary request for discharge the good of the service to avoid trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, was administratively correct and in conformance with applicable regulations.  Accordingly, the type of discharge directed and the reasons were appropriate under the circumstances.

2.  After being afforded the opportunity to assert her innocence before a trial by court-martial, she voluntarily requested a discharge for the good of the service in hopes of avoiding a punitive discharge and having a felony conviction on her record.  In doing so she admitted guilt to the charge against her.  She had an opportunity to explain the abusive relationship with her husband when she was returned to military control and when she requested discharge, but she failed to raise this issue as a mitigating circumstance at the time.

3.  The applicant's contentions and supporting documents have been noted; however, they are not sufficiently mitigating to warrant relief under the circumstances, especially given the length of her absence, her undistinguished record of service, and the absence of mitigating circumstances at the time.  Her service simply did not rise to the level of an honorable or a general 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20100007949, dated 14 September 2010.



      _____________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)                                         AR20110014116



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ABCMR Record of Proceedings (cont)                                         AR20110014116



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