IN THE CASE OF:	  

		BOARD DATE:	  17 June 2014

		DOCKET NUMBER:  AR20130017527 


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 to a fully honorable discharge. 

2.  The applicant states she was told her discharge would be upgraded after 
6 months.  It was never changed. 

3.  The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty). 

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's records show she enlisted in the Regular Army on 19 August 1987.  She completed basic combat training and she was reassigned to Fort Gordon, GA, for completion of military occupational specialty (MOS) training. 

3.  While attending MOS training, she did not perform well and displayed a pattern of academic or performance problems.  She was frequently counseled by members of her chain of command for various infractions including:

* failing the mine detector test on several occasions
* failing the night vision annex performance test
* receiving low scores on multiple other tests 
* multiple instances of sleeping in class
* substandard performance
* multiple uniform deficiencies
* failing to follow instructions
* unsatisfactory living area 
* failing to report to formation
* leaving personal items/valuables unsecure 

4.  Her records show she accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice on 26 April 1988 for failing to go to her appointed place of duty at the time prescribed. 

5.  On 18 April 1988, the applicant’s immediate commander notified the applicant of his intent to initiate separation action against her in accordance with chapter 13 of Army Regulation 635-200 (Personnel Separations) by reason of unsatisfactory performance (academic and Soldier deficiencies).  The immediate commander recommended issuance of a general discharge.

6.  On 18 April 1988, the applicant acknowledged receipt of the commander's intent to separate her and she consulted with legal counsel.  She was advised of the basis for the contemplated separation for unsatisfactory performance, the type of discharge she could receive, and its effect on further enlistment or reenlistment, the possible effects of this discharge, and of the procedures/rights that were available to her.  She elected not to submit statements on her behalf and further acknowledged she understood that:

* she might expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to her
* she could apply to the Army Discharge Review Board (ADRB) or the ABCMR for an upgrade; however, an act of consideration does not mean her discharge would be upgraded 

7.  On 18 April 1988, the applicant’s immediate commander initiated separation action against her in accordance with Army Regulation 635-200 by reason of unsatisfactory performance.  The immediate commander cited the applicant’s previous incidents of academic and performance issues.  

8.  On 9 May 1988, the separation authority approved the applicant’s discharge under the provisions of Army Regulation 635-200 by reason of unsatisfactory performance and directed she be furnished a General Discharge Certificate.  Accordingly, the applicant was discharged on 13 May 1988.

9.  Her DD Form 214 confirms she was discharged on 13 May 1988 in accordance with chapter 13 of Army Regulation 635-200 with a characterization of service of under honorable conditions (general) and she completed a total of 
8 months and 25 days of creditable military service.

10.  There is no indication she petitioned the ADRB for a review of her discharge within that board's 15 year statute of limitations. 

11.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance and provides, in pertinent part, that commanders will separate a member under this chapter when in the commander’s judgment the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory Soldier.  

12.  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 evidence of record shows the applicant displayed a pattern of unsatisfactory performance as evidenced by her extensive history of academic and performance problems.  She would not conform to the military or respond to counseling by her chain of command regarding her responsibility to meet Army standards. 

2.  It appears she was given ample time to comply with the standards through counseling but she was unable to conform to the standards.  Her substandard failure, which demonstrated a lack of self-discipline and lack of motivation, appear to have left no other option but to discharge her.  Accordingly, her immediate commander initiated separation action against her.  

3.  Her administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize her rights.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  Further, the applicant’s discharge accurately reflects her overall record of service.

4.  The Army never had nor does it now have a policy wherein a characterization of service is upgraded due to passage of time. 

5.  Based on her failure to meet Army standards, her service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, she is not entitled to an upgraded 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)                                         AR20130017527



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130017527



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1