IN THE CASE OF:	  

		BOARD DATE:	  6 August 2015

		DOCKET NUMBER:  AR20150000193 


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 upgrade of her general under honorable conditions discharge to honorable.

2.  The applicant states, in effect:

* in 2002 she was serving at Fort Stewart, GA and was a single mother
* she felt her first sergeant (1SG) was prejudiced against her
* her daughter had had surgery and she was close to her expiration term of service (ETS)
* her 1SG convinced her to get out prior to her ETS date and he promised she would receive an honorable discharge
* when she read her DD Form 214 (Certificate of Release or Discharge from Active Duty), however, she realized it was a general discharge under honorable conditions, not an honorable discharge
* she believes the 1SG just misled her so he could get rid of her
* she respectfully requests upgrade of her discharge; she is an honorable citizen who served her country

3.  The applicant provides no additional documentary evidence.

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 18 November 1999.  

3.  The applicant's discharge packet is not available for review; however her record contains a DD Form 214.  This document provides sufficient evidence to properly review her case.

4.  Based upon the DD Form 214, it appears her commander initiated separation action under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-8 (Involuntary separation due to parenthood), and on 8 July 2002, she was discharged accordingly.

5.  Her DD Form 214 shows she completed 2 years, 7 months, and 21 days of net active creditable service.  The separation authority was shown as Army Regulation 635-200, paragraph 5-8.  Her characterization of service was under honorable conditions.  She was awarded or authorized:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Army Lapel Button

6.  She submitted an application to the Army Discharge Review Board (ADRB) and, on 9 January 2004, she was notified the ADRB had denied her request.

7.  Army Regulation 635-200, in effect at the time, prescribes policies and procedures for enlisted separations.  

	a.  Chapter 2, Section I (Notification Procedure) states the commander will notify the Soldier in writing that his or her separation has been recommended per Army Regulation 635-200.  The Soldier will be advised:

* whether the proposed separation could result in a discharge, release from active duty to a Reserve Component, or release from custody and control of the Army
* the least favorable characterization of service he or she could receive
* the type of discharge and character of service recommended by the initiating commander, and that intermediate commanders may recommend a less favorable type of discharge
* that the separation authority is not bound by the recommendations of the initiating or intermediate commanders
* the Soldier will be advised of the right to submit a statement in his or her own behalf, to obtain copies of documents to be sent to the separation authority, and the right to waive the aforementioned rights in writing

	b.  Paragraph 3-7a provides an honorable discharge is given when the quality of the Soldier’s service has generally met standards of acceptable conduct and duty performance.  
   
   c.  Paragraph 3-7b states 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.  Paragraph 5-1 (Characterization of service or description of separation) states, unless the reason for separation requires a specific characterization, a Soldier being separated for the convenience of the Government will be awarded a character of service of honorable, under honorable conditions, or an uncharacterized description of service, if in an entry-level status.  No Soldier will be given a character of service under honorable conditions unless the Soldier is notified of the specific factors in his or her service which warrants such a characterization.  The notification procedure will be used.
   
   e.  Paragraph 5-8 outlines the criteria for separation under this provision. It states Soldiers will be considered for involuntary separation when parental obligations interfere with the fulfillment of military responsibilities.  Specific reasons include:
   
* inability to perform prescribed duties satisfactorily
* repeated absenteeism
* repeated tardiness
* inability to participate in field training exercises or perform special duties such as charge of quarters and staff duty noncommissioned officer
* non-availability for worldwide assignment or deployment according to the needs of the Army

8.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the Army Board for Correction of Military 
Records (ABCMR).  

	a.  Paragraph 2-9 contains guidance on the burden of proof.  It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  

	b.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of her general discharge under honorable conditions was carefully considered.  The evidence, however, was insufficient to support her request.

2.  The applicant's discharge packet is not available for review.  Nonetheless, the applicant submitted no evidence, nor is there evidence from any other source, which would show she was not properly and equitably discharged in accordance with the regulations in effect at the time.  The Board presumes regularity and that actions taken by the Army are administratively correct.  All evidence indicates the requirements of law and regulations were and the rights of the applicant were fully protected throughout the separation process.  Absent any evidence to the contrary, regularity must be presumed.

3.  Based upon the foregoing, there is an insufficient basis upon which to grant 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 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)                                         AR20150000193





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ABCMR Record of Proceedings (cont)                                         AR20150000193



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