IN THE CASE OF:	  

		BOARD DATE:	  18 April 2013

		DOCKET NUMBER:  AR20120017952 


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 a previous decision denying a change in the characterization of her discharge.  

2.  She also introduces a new issue, requesting her grade be changed from E-1 to E-3.

3.  The applicant states she came into the Army as an E-3 so she should not have been reduced when she was discharged.  She describes the problems she had with her first sergeant and how she felt she was not treated fairly.

4.  The applicant provides no additional evidence in support of her application.

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 AR20090003923, on 30 June 2009.

2.  Army Regulation 15-185 sets forth procedures for processing requests for correction of military records.  Paragraph 2-15b governs requests for reconsideration.  This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within one year of the ABCMR's original decision and it has not previously been reconsidered.  
3.  The applicant's request for reconsideration was not received within one year of the ABCMR's original decision.  As a result, the request for reconsideration of the decision denying an upgrade of her discharge does not meet the criteria outlined above.  The ABCMR will not consider any further requests for reconsideration of this matter.  However, the applicant has the option to seek relief in a court of appropriate jurisdiction.  In view of the preceding, the issue of changing the characterization of her discharge will not be discussed further in these proceedings.

4.  On 12 June 1979, she enlisted in the Regular Army in pay grade E-3.  She completed basic combat and advanced individual training and was awarded military occupational specialty 05B (Radio Operator).

5.  After completing a tour of duty in Germany, she was assigned to the Service Support Company, 522nd Military Intelligence Battalion, 2nd Armored Division, Fort Hood, TX on 22 October 1981.
      
6.  On 7 July 1983, court-martial charges were preferred against the applicant for being absent without leave (AWOL) from 6 May to 7 July 1983.

7.  On 8 July 1983, she voluntarily requested discharge under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations, Enlisted Personnel), for the good of the service in lieu of trial by court-martial.  She acknowledged she understood the offense she was charged with and she was:

* making the request of her own free will
* guilty of the offense with which she was charged
* afforded the opportunity to speak with counsel prior to making this request
* advised she may be furnished an Under Other Than Honorable Conditions Discharge Certificate

8.  In addition, the applicant was advised she may expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions and she:

* would be deprived of many or all Army benefits
* may be ineligible for many or all Veterans Administration (VA) benefits
* may be deprived of her rights and benefits as a veteran under both Federal and State laws

9.  On 4 August 1983, the appropriate authority approved her request for discharge for the good of the service.  He directed the applicant be reduced to private/pay grade E-1 and discharged under other than honorable conditions.
10.  Headquarters, U.S. Army Field Artillery Center, Fort Sill, Oklahoma Order 220-22, dated 8 August 1983, reduced the applicant to private/E-1, effective 
4 August 1983.

11.  On 17 August 1983, she was discharged under the provisions of chapter 10, Army Regulation 635-200, for the good of the service in lieu of trial by court-martial.  She had completed 4 years and 3 days of net active service that was characterized as under other than honorable conditions.  She had 23 days of lost time.

12.  Army Regulation 600-200 (Enlisted Personnel Management System), then in effect, paragraph 8-11 (Approved for discharge from service under other than honorable conditions), stated when the general court-martial authority determined that a Soldier was to be discharged from the service under other than honorable conditions, he or she was to be reduced to the lowest enlisted grade.  Board action was not required for this reduction.  The commander having general court-martial jurisdiction, when directing a discharge under other than honorable conditions, or when directed by higher authority, directed the Soldier to be reduced to private/E-1.  

DISCUSSION AND CONCLUSIONS:

The applicant was reduced to private/E-1 as required by regulation based on being issued an under other than honorable conditions discharge.  Therefore, there is no error or injustice in her reduction.

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)                                         AR20120017952



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ABCMR Record of Proceedings (cont)                                         AR20120017952



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