BOARD DATE:	  17 September 2013

		DOCKET NUMBER:  AR20130002619 


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 dishonorable discharge.

2.  The applicant states her discharge was based on one isolated incident.  Her service career was one of the greatest events of her life.

3.  The applicant provides portions of a letter from the Acting Staff Judge Advocate to the court-martial convening authority, dated 9 July 1995.

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.  On 30 October 1990, she enlisted in the Regular Army.  She immediately reenlisted on 14 April 1994.

3.  On 9 May 1995, she pled guilty and was found guilty before a general court-martial of:

* forging another Soldier's withdrawal slip from the Fort Knox Federal Credit Union in the amount of $200.00, with intent to defraud, on or about 9 January 1995
* forging another Soldier's withdrawal slip from the Fort Knox Federal Credit Union in the amount of $620.00, with intent to defraud, on or about 13 January 1995
* stealing U.S. currency of a value of about $620.00, the property of the Fort Knox Federal Credit Union, on or about 13 January 1995
* forging another Soldier's withdrawal slip from the Fort Knox Federal Credit Union in the amount of $450.00, with intent to defraud, on or about 13 January 1995
* stealing U.S. currency of a value of about $450.00, the property of the Fort Knox Federal Credit Union, on or about 13 January 1995
* stealing U.S. currency of a value of about $200.00, the property of the Fort Knox Federal Credit Union, on or about 19 January 1995
* forging another Soldier's withdrawal slip from the Fort Knox Federal Credit Union in the amount of $225.00, with intent to defraud, on or about 20 January 1995
* stealing U.S. currency of a value of about $225.00, the property of the Fort Knox Federal Credit Union, on or about 20 January 1995
* forging another Soldier's withdrawal slip from the Fort Knox Federal Credit Union in the amount of $470.00, with intent to defraud, on or about 24 January 1995
* stealing U.S. currency of a value of about $470.00, the property of the Fort Knox Federal Credit Union, on or about 24 January 1995
* forging another Soldier's withdrawal slip from the Fort Knox Federal Credit Union in the amount of $170.00, with intent to defraud, on or about 25 January 1995
* forging another Soldier's withdrawal slip from the Fort Knox Federal Credit Union in the amount of $2,000.00, with intent to defraud, on or about 1 February 1995
* attempting to steal U.S. currency of a value of $2,000.00, the property of the Fort Knox Federal Credit Union, on or about 0915 hours, 1 February 1995
* attempting to steal U.S. currency of a value of $2,000.00, the property of the Fort Knox Federal Credit Union, on or about 1120 hours, 1 February 1995
* forging another Soldier's withdrawal slip from the Fort Knox Federal Credit Union in the amount of $570.00, with intent to defraud, on or about 1 February 1995
* attempting to steal U.S. currency of a value of $570.00, the property of the Fort Knox Federal Credit Union, on or about 1 February 1995
* stealing U.S. currency of a value of about $570.00, the property of the Fort Knox Federal Credit Union, on or about 1 February 1995
* forging another Soldier's withdrawal slip from the Fort Knox Federal Credit Union, in the amount of $595.00, with intent to defraud, on or about 1 February 1995
* stealing U.S. currency of a value of about $595.00, the property of the Fort Knox Federal Credit Union, on or about 1 February 1995
* forging another Soldier's withdrawal slip from the Fort Knox Federal Credit Union in the amount of $300.00, with intent to defraud, on or about 2 February 1995
* stealing U.S. currency of a value of about $300.00, the property of the Fort Knox Federal Credit Union, on or about 2 February 1995

4.  Her sentence consisted of:

* reduction to the rank/grade of private/E-1
* confinement for 18 months
* issuance of a dishonorable discharge

5.  On 30 August 1995, the convening authority approved the sentence.

6.  On 17 April 1996 the findings of guilty and the sentence were affirmed by the U.S. Army Court of Criminal Appeals.

7.  On 2 December 1996, her dishonorable discharge was ordered executed and she was dishonorably discharged as a result of her court-martial conviction on 13 January 1997.

8.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.

	a.  Chapter 3, section IV, establishes policy and procedures for separating members with a dishonorable or bad conduct discharge and provides that a Soldier will be given a bad conduct discharge pursuant only to an approved sentence of a general or special court-martial and that the appellate review must be completed and the affirmed sentence ordered duly executed.

	b.  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.  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.

	d.  When a Soldier is accepted for immediate reenlistment, he or she will be discharged and reenlisted the day following discharge.  The service of a Soldier discharged under this provision will be characterized as honorable unless an entry-level separation is required.

9.  Court-martial convictions stand as adjudged or modified by appeal through the judicial process.  In accordance with Title 10, U.S. Code, section 1552, the authority under which this Board acts, the ABCMR is not empowered to set aside a conviction.  Rather, it is only empowered to change the severity of the sentence imposed in the court-martial process and then only if clemency is determined to be appropriate.  Clemency is an act of mercy or instance of leniency to moderate the severity of the punishment imposed.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant's trial by general court-martial was warranted by the gravity of the offenses for which she was charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which she was convicted.

2.  Any redress by this Board of the finality of a court-martial conviction is prohibited by law.  The Board is only empowered to change a discharge if clemency is determined to be appropriate to moderate the severity of the sentence imposed.

3.  The applicant's entire record of service was considered.  She received an honorable discharge for her previous period of service.  Her records indicate she had continuous honorable active service from 30 October 1990 to 13 April 1994.  However, her service after her reenlistment was clearly unsatisfactory.  There is no record or documentary evidence of acts of valor.  Given the seriousness of the offenses (more than one isolated incident) for which she was convicted, her record was not considered sufficiently meritorious to warrant clemency in this case.  As a result, there is no evidentiary basis upon which to support the applicant's request at this time.


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 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)                                         AR20130002619



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130002619



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1