BOARD DATE:	  20 August 2015

		DOCKET NUMBER:  AR20150001029 


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 general discharge under honorable conditions be upgraded to an honorable discharge.

2.  The applicant states she was assigned to Fort Bliss, TX and her unit was about to be moved to Fort Hood, TX.  She received news that her mother had terminal cancer.  She spoke to her sergeant and he suggested she take leave and contact military authorities at Fort Benning, GA about her situation to see if she could be moved closer to home to help care for her mother.  She went to Fort Benning, but she did not receive any help.  Her mother died a couple of months later.  She called several times but no one returned her calls.

3.  The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 21 July 1989.

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.  On 28 May 1987, she enlisted in the Regular Army for 4 years.  She was assigned to the Headquarters and Headquarters Battery, 3rd Battalion, 
1st Air Defense Artillery, Fort Bliss, TX.

3.  On 9 July 1988, she was declared absent without leave (AWOL) after she failed to return from ordinary leave.  On 7 August 1988, she was dropped from the rolls of the Army.  On 9 May 1989, she surrendered to military authorities at Fort Knox, KY.

4.  On 11 May 1989, court-martial charges were preferred against the applicant for being AWOL from on or about 9 July 1988 to on or about 9 May 1989.

5.  On 11 May 1989, she voluntarily requested discharge under the provisions of Army Regulation 635-200 (Enlisted Personnel Separations), chapter 10, in lieu of trial by court-martial.  She acknowledged she understood the elements of the offense she was being charged with and that she was/may:

* making the request of her own free will
* guilty of the offenses with which she was charged
* submitting a statement in her own behalf
* afforded the opportunity to speak with counsel prior to making her request
* receive a discharge under other than honorable conditions

6.  She acknowledged she might expect to encounter substantial prejudice in civilian life if she were issued an under other than honorable conditions discharge certificate and she:

* would be deprived of many or all Army benefits
* might be ineligible for many or all veterans' benefits
* might be deprived of her rights and benefits as a veteran under both Federal and State laws

7.  On 12 May 1989, she submitted statement indicating the reason she went AWOL.  She stated she tried to get assigned closer to home because her mother and father were dying of cancer.  She submitted paperwork for an assignment closer to home when she went home on emergency leave.  Her commander also submitted the same paperwork but it got lost somewhere.  The pressure on her at the time was great, with both parents sick and dying and going home all of the time on emergency leave.  She couldn't handle the pressure and she couldn't afford the price of flying home when her father died.  She just couldn't leave her mother knowing she was terminally ill and dying.  Losing both parents was very hard on her and she couldn't live or deal with the Army.  She requested a general discharge instead of a under other than honorable conditions discharge. 

8.  Her unit commander and intermediate commander recommended the issuance of a general discharge.

9.  On 30 May 1989, the appropriate authority approved her voluntary request for discharge and directed that she receive a general discharge under honorable conditions.

10.  On 21 July 1989, she was discharged under the provisions of chapter 10 of Army Regulation 635-200 for the good of the service with a general discharge under honorable conditions.  She completed 1 year, 3 months, and 24 days of active service.  She also had 304 days of time lost.

11.  There is no indication she applied to the Army Discharge Review Board (ADRB) for an upgrade of her discharge within the ADRB's 15-year statute of limitations.

12.  Army Regulation 635-200, then in effect, set forth the basic authority for the administrative separation of enlisted personnel.  

	a.  Chapter 10 stated a member who committed an offense or offenses for which the authorized punishment included a punitive discharge may, at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  Although an honorable or general discharge was authorized, a discharge under other than honorable conditions was normally considered appropriate.  

   b.  An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law.  The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would have been clearly inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  Her voluntary request for discharge under the provisions of Army Regulation 635-200, chapter 10, for the good of the service to avoid trial by court-martial was administratively correct and in conformance with applicable regulations.

2.  All requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The type of discharge directed and the reasons for discharge were appropriate considering all the facts of the case.  It is clear the separation authority considered her service prior her period of AWOL and her family situation in that she was issued a general discharge under honorable conditions.  A discharge under other than honorable conditions was normally considered appropriate.  

3.  Due to having 304 days of lost time she did not meet the standards of acceptable conduct and performance of duty for Army personnel.  She does not meet the criteria for an honorable 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)                                         AR20150001029



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ABCMR Record of Proceedings (cont)                                         AR20150001029



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