BOARD DATE:	  18 April 2012

		DOCKET NUMBER:  AR20110020314 


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 she gained a lot of weight because she was pregnant.  Her unit did not have any physical training (PT) program for her during her pregnancy and she went for 6 months with no PT.  If there had been a PT program for her she would have met the weight requirements.

3.  The applicant provides no additional documentation in support of her application.

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 13 November 1992 in the rank/grade of private first class (PFC)/E-3.  She completed training as a medical specialist but never advanced in rank.

3.  She was counseled on:

*  6 December 1994 for a dishonored check
* 7 February 1995 for failing to pay just debts
* 13 February 1995 for failing to pay just debts and issuing dishonored checks
* 21 March 1995 for five dishonored checks totaling $702.00
* 28 March 1995 for being overweight
* 10 May 1995 for failing the Army Physical Fitness Test (APFT)

4.  On 14 June 1995, the applicant was notified by the company commander of his intent to recommend her separation under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 14, paragraph 14-12(b) for a pattern of misconduct with a general discharge.  His reasons for the proposed action were due to:

* numerous counseling for indebtedness
* APFT failure
* Bar to Reenlistment action
* indicative behavior of a severe lack of proper discipline
* failure to achieve the standards required of a Professional Soldier

5.  On 14 June 1995, the applicant acknowledged receipt of the contemplated separation action.

6.  On 19 June 1995, having been advised by consulting counsel of the basis of the contemplated separation action and its effects, of the rights available to her, and the effect of any action taken by her in waiving her rights, she elected not to make a statement in her own behalf.  She further acknowledged she may expect to encounter substantial prejudice in civilian life if a general discharge is issued to her.

7.  The company subsequently recommended the applicant's separation for a pattern of misconduct with a general discharge.  On 5 July 1995, the intermediate commander concurred with a recommendation for a general discharge.


8.  On 7 July 1995, the separation authority approved the discharge action under the provisions of Army Regulation 635-200, chapter 14, paragraph 14-12(b) for a pattern of misconduct, with a General Discharge Certificate.

9.  On 20 July 1995 the applicant was discharged accordingly.  She completed
2 years, 8 months, and 8 days of creditable active service.

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

	a.  Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed.  A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.  However, the separation authority may direct a general discharge if such is merited by the Soldier’s overall record.

	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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not discharged for pregnancy, being overweight, or APFT failure; she was discharged for repeated misconduct.

2.  The discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the applicant's discharge is commensurate with her overall record of military service.

3.  In view of the foregoing, there is an insufficient evidentiary 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)                                         AR20110020314



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ABCMR Record of Proceedings (cont)                                         AR20110020314



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