BOARD DATE:	  3 April 2012

		DOCKET NUMBER:  AR20110016880 


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 under other than honorable conditions discharge to a general discharge.

2.  The applicant states she does not wish to make excuses for her misconduct, but feels it is necessary to explain the reasons and circumstances that led her going absent without leave (AWOL).  She was having problems with her command's acceptance of the bending of the law especially by officers and as a military police (MP) she was not afraid to speak out.  During her work in an undercover operation she complained of the actions of her co-agent and felt her concerns were being dismissed.  She took the advice of a specialist she was dating on how to handle the situation that only made the situation worse.  She believes she has learned from her mistakes.

3.  The applicant provides no supporting 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 applicant enlisted in the Regular Army on 10 June 1987 for Airborne training and training in military occupational specialty (MOS) 95B (MP).

3.  Her medical records show she was disenrolled from Airborne training due to stress fractures in her hips.

4.  Her DA Form 2-1 (Personnel Qualification Record) shows in:

* item 6 (Military Occupational Specialties), a pencil entry of 64C without the title or date of award
* item 17 (Civilian Education and Military Schools), completion of a 17-week MP course and a 2-week Special Reaction Team Training course
* item 35 (Record of Assignments) following One Station Unit Training (OSUT) at Fort McClellan, AL, she was reassigned to Fort Hamilton, NY in her MOS of 95B

5.  On 4 August 1988, court-martial charges were preferred against the applicant for being AWOL from her unit at Fort Hamilton during the period 28 May 1988 to 1 August 1988.

6.  On 5 August 1988, having consulted with counsel and being advised of her rights and options, the applicant voluntarily requested discharge under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service - in lieu of trial by court-martial, for an offense punishable by a bad conduct or dishonorable discharge.  She acknowledged she was guilty of the charges or lesser included charges and that, if the request was accepted, she could receive a discharge under other than honorable conditions and be furnished an Under Other Than Honorable Conditions Discharge Certificate.  She acknowledged that such a discharge would deprive her of many or all of her benefits as a veteran and that she could expect to experience substantial prejudice in civilian life if she received an under other than honorable conditions discharge.

7.  On 10 August 1988, the applicant's unit commander recommended approval of her request and recommended her discharge under other than honorable conditions.

8.  On 19 August 1988, the discharge approval authority approved the applicant's request under the provisions of Army Regulation 635-200, chapter 10, and directed the issuance of an Under Other Than Honorable Conditions Discharge Certificate and reduction to the lowest enlisted grade.

9.  On 11 October 1988, she was discharged accordingly.  The DD Form 214 she was issued at the time shows she was discharged under the provisions of Army Regulation 635-200, chapter 10, with an under other than honorable conditions discharge.  It also shows she completed 1 year, 1 month, and 29 days of creditable active service with 65 days of time lost.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, 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.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's voluntary request for separation to avoid trial by court-martial, was administratively correct and in conformance with applicable regulations.  There is no indication that the request was made under coercion or duress.

2.  The applicant's administrative separation was accomplished in compliance with applicable regulations.  Therefore, the type of discharge directed and the reasons were appropriate considering all the facts of the case.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20110016567



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110016880



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1