IN THE CASE OF:	  

		BOARD DATE:	  8 May 2014

		DOCKET NUMBER:  AR20130014735 


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 her discharge under other than honorable conditions be upgraded to a general discharge.

2.  The applicant states:

	a.  she feels her discharge should be upgraded to a general discharge because there were no other charges against her other than her absent without leave (AWOL) period.

	b.  she had requested emergency leave to go and see about her son because he was in the care of her mother who had become a chronic alcoholic and could no longer care for him which put him in danger and the possibility of being taken away by social services.

3.  The applicant provides her birth certificate. 

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 6 September 1989 for a period of 4 years.  She completed her training and was awarded military occupational specialty 94B (food service specialist).  

3.  Records show she went AWOL from 10 April 1990 to 26 April 1990.

4.  She went AWOL again on 9 May 1990.  Records show she was apprehended by civilian authorities on 19 November 1991 for shoplifting.  She returned to military control on 26 November 1991.  On 10 December 1991, charges were preferred against her for the AWOL period.

5.  On 10 December 1991, she consulted with counsel and requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.  She acknowledged that by submitting her request for discharge she was guilty of a charge against him that authorized the imposition of a bad conduct or dishonorable discharge.  She indicated in her request she understood she might be discharged under conditions other than honorable and given an under other than honorable discharge, she might be ineligible for many or all benefits administered by the Department of Veterans Affairs, she might be deprived of many or all Army benefits, and she might be ineligible for many or all benefits as a veteran under both Federal and State laws.  She acknowledged she might expect to encounter substantial prejudice in civilian life because of a discharge under other than honorable conditions.  She elected not to make a statement in her own behalf. 

6.  On 19 December 1991, the separation authority approved the applicant's voluntary request for discharge and directed the issuance of an under other than honorable conditions discharge.

7.  On 14 February 1992, 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 with an under other than honorable conditions discharge.  She completed 10 months and 5 days of creditable active service with 583 days of lost time.  

8.  In February 1996, the Army Discharge Review Board denied her request for a general discharge.

9.  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 3-7b provides that 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 brief record of service included a lengthy AWOL period terminated by a civilian arrest for shoplifting.  As a result, her record of service was not satisfactory.

2.  Her voluntary request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, was administratively correct and in conformance with applicable regulations.  She had an opportunity to submit a statement in which she could have voiced her concerns and she elected not to do so.

3.  The type of discharge directed and the reasons for discharge were appropriate considering all the facts of the case.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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)                                         AR20130014735





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ABCMR Record of Proceedings (cont)                                         AR20130014735



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