IN THE CASE OF:	  

		BOARD DATE:	    6 August 2015

		DOCKET NUMBER:  AR20140015483 


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

2.  The applicant states that her discharge was caused by issues she developed in the Army and has not been able to address until now.  She has been a good citizen and upgrading her discharge is a personal goal of hers. 

3.  The applicant provides three third-party character references.

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 at the age of 23 on 18 October 1975 for a period of 3 years and training as a food service specialist.   
3.  On 20 August 1976, nonjudicial punishment was imposed against the applicant for being absent without leave (AWOL) from 24 July to 4 August 1976.

4.  On 7 January 1977, she again went AWOL and remained absent in desertion until she surrendered to military authorities at Fort Devens on 15 July 1977.  On 18 July 1977, charges were preferred against her for her absence. 

5.  On 21 July 1977, after consulting with defense counsel, the applicant submitted a request for discharge under the provisions of Army Regulation
635-200 (Personnel Separations – Enlisted Personnel), chapter 10, for the good of the service – in lieu of trial by court-martial.  In her request, she indicated she was making the request of her own free will without coercion from anyone and that she was aware of the implications attached to her request.  She also admitted she was guilty of the charges against her or of lesser-included offenses that authorized the imposition of a bad conduct or dishonorable discharge.  She acknowledged she understood she could receive a discharge under other than honorable conditions and she might be deprived of all benefits as a result of such a discharge.  She elected not to submit a statement in her own behalf.

6.  On 16 August 1977, the appropriate authority approved her request for discharge and directed the applicant be given an under other than honorable conditions discharge. 

7.  On 22 August 1977, she was discharged under the provisions of Army Regulation 635-200, chapter 10, for the good of the service – in lieu of trial by court-martial.  She completed 1 year, 3 months, and 19 days of active service and had 199 days of lost time due to AWOL.

8.  There is no evidence to show that she applied to the Army Discharge Review Board (ADRB) for an upgrade of her discharge within that board’s 15-year statute of limitations.

9.  As evidence to support her application, she provided three character reference letters.

	a.  Her employment supervisor states the applicant has been an outstanding customer service and facilities manager for 13 years at the same place of employment.  She received accelerated promotions within the company due to the service she provides to their customers.  Currently, she is a supervisor with the responsibilities associated with supervising a team of employees.  She is collaborative, punctual, and dedicated to the company and its long term objectives.  During her employment she also went to undergraduate school at night and successfully graduated. 
	b.  A professional colleague and friend states the applicant is punctual, dedicated, trustworthy and has a strong work ethic working long hours to accomplish her professional goals.  She was recently recognized for her work related achievements when she was selected for a promotion within the company.  

	c.  A second professional colleague and friend who’s known the applicant for 13 years states she is a diligent worker who was recognized for her abilities and selected for numerous promotions within the company.  She is a resourceful manager who consistently seeks to meet the needs of their customers.  

10.  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 at any time after charges have been preferred.  A condition of submitting such a request is that the individual concerned must admit guilt to the charges against him or her or of a lesser-included offense which authorizes the imposition of a bad conduct or dishonorable discharge and he or she must indicate he or she has been briefed and understands the consequences of such a request as well as the discharge he or she might receive.  A discharge under other than honorable conditions is normally considered appropriate.

	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.

DISCUSSION AND CONCLUSIONS:

1.  Based upon the applicant’s violation of the UCMJ for an extended AWOL period, she voluntary requested separation under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial.  She request and subsequent decision by her commanders was administratively correct and in conformance with applicable regulations.  She did have representative by counsel.  Accordingly, the type of discharge directed and the reasons were appropriate under the circumstances.

2.  After being afforded the opportunity to assert her innocence before a trial by court-martial, she voluntarily requested discharge for the good of the service in hopes of avoiding a punitive discharge and having a felony conviction on her record.  In doing so, she admitted guilt to the AWOL charges against her.

3.  The applicant's contentions, character reference letters and post service accomplishments have been noted.  However, they are not sufficiently mitigating to warrant relief under the circumstances given the length of her absences, the lack of mitigating evidence for her AWOL and her otherwise undistinguished record of service. 

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant an honorable or a general 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)                                         AR20140015483





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ABCMR Record of Proceedings (cont)                                         AR20140015483



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