IN THE CASE OF:	  

		BOARD DATE:  5 April 2012

		DOCKET NUMBER:  AR20110019059 


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 general discharge be upgraded to an honorable discharge.

2.  The applicant states her DD Form 214 (Certificate of Release or Discharge from Active Duty) incorrectly shows she was discharged for misconduct.  She goes on to state that she was unable to increase her rank due to her supervisor.  She also states that she always volunteered for deployments ahead of other Soldiers and she always completed her extra duties without complaining, but her fellow Soldiers took credit for the work she completed.  She further states that she attempted to reenter the military and she was told she needed to get her discharge upgraded.

3.  The applicant provides a copy of her DD Form 214.

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 initially enlisted in the U.S. Army Reserve (USAR) in Houston, Texas, on 29 May 1991, for a period of 8 years.  She completed her training as an equipment records and parts specialist and was returned to her USAR unit in November 1991.

3.  On 30 December 1991, she enlisted in the Regular Army for a period of 3 years and training as a food service specialist.  She completed her training at Fort Lee, Virginia and was transferred to Fort Drum, New York on 7 April 1992.  She was advanced to the pay grade of E-3 on 30 December 1992.

4.  On 8 January 1993, nonjudicial punishment (NJP) was imposed against her for stealing two blank checks belonging to another Soldier.

5.  On 11 January 1994, the applicant’s commander notified her that he was initiating action to separate her from the service under the provisions of Army Regulation 635-200, paragraph 14-12a, for misconduct due to minor disciplinary infractions.  He cited as the basis for his recommendation that the applicant had received NJP for larceny and wrongful appropriation, that she habitually wrote checks that were dishonored which resulted in large indebtedness, that she had missed several formations, and that she had failed two Army Physical Fitness Tests.

6.  After consulting with defense counsel the applicant elected not to submit a statement in her own behalf. 

7.  The appropriate authority approved the recommendation for discharge on 26 January 1994 and directed that she be furnished a General Discharge Certificate.

8.  Accordingly, on 11 February 1994, she was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12A, due to misconduct.  She had served 2 years, 1 month, and 12 days of active service during her current enlistment.

9.  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.


10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and procedures for separating personnel for misconduct.  Specific categories included minor infractions, a pattern of misconduct, involvement in frequent incidents of a discreditable nature with civil and military authorities, and commission of a serious offense.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

11.  Paragraph 3-7a of Army Regulation 635-200 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s administrative separation was accomplished in compliance with applicable regulations with no violations or procedural errors which would have jeopardized her rights.

2.  Accordingly, the type of discharge directed and the reasons therefore were appropriate considering all of the available facts of the case.

3.  The applicant's overall record of service has been considered.  However, the repeated nature of her misconduct during her period of service is not sufficiently mitigating to warrant an upgrade of her discharge.  Her service simply does not rise to the level of a fully honorable discharge.

4.  Accordingly, there is no basis to grant her an upgrade of her 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 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)                                         AR20110019059



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ABCMR Record of Proceedings (cont)                                         AR20110019059



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