IN THE CASE OF:	  

		BOARD DATE:	    1 October 2013

		DOCKET NUMBER:  AR20130004009 


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 general discharge under honorable conditions to honorable.

2.  She states she was young and immature when she enlisted in the Army.  She later enlisted in the Army National Guard (ARNG) and retired as a staff sergeant (SSG)/E-6 with 21 years of service.  She received an Army Commendation Medal (ARCOM) for her outstanding performance as a mess sergeant in her ARNG unit.

3.  She provides her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and her National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).

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 20 June 1966 for a period of 3 years at the age of 18.

3.  Her military records during her active duty service and the facts and circumstances pertaining to her discharge proceedings were not available for review.

4.  However, her DD Form 214 shows she was discharged under honorable conditions on 21 November 1968.  The reason and authority for her discharge was Army Regulation 635-212 (Personnel Separations – Discharge – Unfitness and Unsuitability) with a separation program number of 264 (unsuitability, character and behavioral disorder).  She completed 2 years, 3 months, and 22 days of total active service with 41 days of lost time.

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

6.  Her NGB Form 22 shows she was honorably transferred to the U.S. Army Reserve Control Group (Retired Reserve) on 19 August 1998.  She was credited with completing 21 years, 5 months, and 29 days of total service for retired pay.  Additionally, this form shows she received five awards of the ARCOM.

7.  Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel for unfitness and unsuitability.  Paragraph 6b provided that an individual was subject to separation for unsuitability when one or more of the following conditions existed:  (1) inaptitude; (2) character and behavior disorders; (3) apathy (lack of appropriate interest, defective attitudes, and inability to expend effort constructively); (4) alcoholism; (5) enuresis; and (6) homosexuality (Class III – evidenced homosexual tendencies, desires, or interest, but was without overt homosexual acts).  When separation for unsuitability was warranted, an honorable or general discharge was issued as determined by the separation authority based upon the individual's entire record.

8.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), 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 argues that her discharge should be upgraded because she was young and immature at the time she entered the military.  The evidence of record shows she was 18 years old at the time of her enlistment in the Regular Army and 20 years old at the time of her discharge.  There is no evidence that indicates she was any less mature than other Soldiers of the same age who successfully completed military service.  Therefore, her contention that her age led to her indiscipline is not sufficient as a basis for upgrading her discharge.

2.  Further, she contends her discharge should be upgraded because of her retirement as a SSG in the ARNG.  The fact that she served faithfully in the ARNG and retired with over 21 years of service and was awarded five ARCOMs is commendable.  However, these achievements are not sufficient justification to upgrade her prior discharge from the Regular Army.

3.  Although a copy of her discharge proceedings were not available for review, the presumption of regularity must be applied.  She must show to the satisfaction of the Board or it must otherwise satisfactorily appear that the record is in error or unjust.  She failed to submit evidence that would satisfy that requirement.

4.  In view of the foregoing, there is no basis for granting the 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 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)                                         AR20130004009



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ABCMR Record of Proceedings (cont)                                         AR20130004009



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