BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120002635 


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 an upgrade of her under other than honorable conditions discharge to a general discharge.

2.  The applicant states she was given an under other than honorable conditions discharge.  She strongly contends she should have received at least a general discharge.  She had many medical issues while in the service including a profile for her Achilles tendon but she was still required to participate in road marches.  She felt she was a victim of the old attitude that the Army was no place for a female.  She was given military occupational specialty (MOS) 63C (Track Vehicle Mechanic) and she did not fit in.  She further states she was discharged due to misconduct; however, all of the circumstances were not taken into consideration.  Her characterization of service was harsh for the infractions she committed.  With the discharge she received she is unable to obtain medical attention.

3.  The applicant provides:

* Timeline of events
* Two photographs
* Four certificates
* DD Form 345 (Armed Forces Liberty Pass), dated 24 December 1980
* Orders 102-13, issued by Headquarters, 1st Infantry Division, Fort Riley, KS, dated 27 May 1980
* Graduation pamphlet, dated 15 January 1981
* 
DA Form 137 (Installation Clearance Record)
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 32 pages of medical records
* Letter from the Department of Veterans Affairs (VA), Orlando Mini Service Center, Orlando, FL, dated 19 January 2005
* Letter from the VA, St. Petersburg Regional Office, St. Petersburg, FL, dated 10 January 2012
* Two VA Forms 21-4142 (Authorization and Consent to Release Information to the VA), dated 8 March 2004
* VA Form 21-22 (Appointment of VA service Organization as Claimant's Representative), dated 8 March 2004
* Two VA Forms 21-526 (VA Compensation), dated 8 March 2004

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 5 December 1979.  She completed training and she was awarded MOS 63T (Improvised Tracked Vehicle (ITV)/Infantry Fighting Vehicle (IFV)/Calvary Fighting Vehicle (CFV) Systems Mechanic).  She was assigned to Fort Riley from 3 June 1980 to 5 July 1981.  The highest rank/grade she attained while serving on active duty was private (PV2)/E-3.

3.  Her record shows she accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) on 
24 October 1980 for being absent without leave (AWOL) from 27 September 1980 to 1 October 1980.  She did not appeal the imposed punishment that included a reduction to private (PV1)/E-1, forfeiture of pay, and extra duty.

4.  Her record contains a series of DA Forms 4187 (Personnel Action) showing the following duty status changes:

* 13 February 1981:  Present for Duty (PDY) - AWOL
* 13 March 1981:  AWOL - Dropped from Rolls (DFR) of her unit
* 6 July 1981:  DFR - PDY

5.  Her record contains a commander's information summary sheet, dated 
16 July 1981, wherein it was noted she was AWOL from 13 February 1981 to 
5 July 1981 for 144 days, she surrendered to civilian authorities at Greeley, CO and returned to military control at Fort Carson, CO on 6 July 1981.  She had two previous AWOLs totaling 4 days, she had 5 previous NJPs under Article 15 for various charges.  This form also shows:

	a.  She felt she was not properly utilized in her MOS.  She attempted to receive a rehabilitative transfer without success and she was placed in an initial training unit and told she would be moved to another unit.  When the assignment did not take place she departed AWOL.  She did not desire to remain on active duty.

	b.  She and her husband split up and she needed to try to repair her marriage.  She tried to take her life three times.  After she went AWOL she returned home and believed her marriage would still survive.  She did not desire to remain in the service.  She turned herself in because she wanted her life to be straight forward and she did not want to run.

	c.  Her commander recommended discharge.  He noted she had too many problems with her husband, first sergeant, motor pool sergeant, and she went AWOL after being transferred.  He further stated she was not restorable but he did not feel she deserved to be punished with a special court-martial or a bad conduct discharge.

6.  Her record contains a charge sheet, dated 16 July 1981, that shows she was charged with one specification of being AWOL from 13 February 1981 to 6 July 1981.

7.  On 17 July 1981, she consulted with legal counsel and she was advised of the basis for the contemplated trial by court-martial, the maximum permissible punishment authorized under the UCMJ, the possible effects of an other than honorable discharge, and the procedures and rights that were available to him.  Subsequent to receiving this legal counsel and without coercion, she 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.

8.  In this request for discharge she indicated she understood that by requesting discharge, she was admitting guilt to the charge against her, or of a lesser included offense, that also authorized the imposition of a bad conduct or a dishonorable discharge.  She further acknowledged she understood that if her discharge request was approved, she could be deprived of many or all Army benefits, that she could be ineligible for many or all benefits administered by the VA, and that she could be deprived of her rights and benefits as a veteran under both Federal and State law.

9.  She elected to submit a statement in her own behalf as part of her request for discharge.  Essentially, her statement indicated some of the NJP she received was one-sided and her point of view was not taken into consideration.  She stated she felt like she was being treated poorly and talked about behind her back.

10.  Her DA Form 3822-R (Report of Mental Status Evaluation), dated 21 July 1981, shows she displayed normal behavior, was fully alert, fully oriented, had a clear thinking process, her thought content was normal, had a good memory, was mentally responsible, able to distinguish right from wrong, able to adhere to the right, able to understand and participate in board proceedings, and she met medical retention standards.  She was psychiatrically cleared to participate in any action deemed appropriate by her chain of command.

11.  On 23 July 1981, the separation authority approved her request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service – in lieu of trial by court-martial, with an under other than honorable conditions discharge.

12.  Accordingly, on 7 October 1981 she was discharged.  The DD Form 214 she was issued at the time shows she was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service – in lieu of trial by court-martial with an under other than honorable conditions discharge.  She completed 1 year, 4 months, and 8 days of creditable active service with 147 days of time lost.

13.  There is no indication she applied to the Army Discharge Review Board (ADRB) for an upgrade of her discharge within that board's 15-year statute of limitations.

14.  She provided a timeline of events from 1979 to 1981 wherein she listed numerous minor illnesses and injuries with a lack of therapy, several instances of hazing and or molestation by other women in the barracks, continual harassment for sexual favors, several bouts of depression, and an incident of infidelity by her husband.

15.  She provided numerous medical documents that listed a wide variety of minor injuries or ailments.

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

	a.  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.  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.

	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.

	c.  Paragraph 3-7b states 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 argument that her personal issues and medical problems contributed to her decision to go AWOL is noted; however, these reasons do not justify or excuse her violation of military rules and regulations.

2.  Her record shows she was charged with the commission of an offense punishable under the UCMJ with a punitive discharge.  Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for 

discharge in lieu of trial by court-martial.  She voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial.  All requirements of law and regulation were met, and her rights were fully protected throughout the separation process.  Further, her discharge accurately reflects her overall record of service.

3.  Her record contains a history of NJP under the provisions of Article 15 and extensive AWOL.  Based on her record of indiscipline, her service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  This misconduct rendered her service unsatisfactory.

4.  The ABCMR does not grant requests for upgrade of discharges solely for the purpose of making the applicant eligible for veterans or other benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.

5.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant 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 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)                                         AR20120002635



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ABCMR Record of Proceedings (cont)                                         AR20120002635



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