MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             4 February 1999                 
	DOCKET NUMBER:    AC98-11904
		                          AR19990016939

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Ed Clark		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That her general discharge be upgraded.

APPLICANT STATES:  That a promotion review board (PRB) recommended that she be removed from the captain promotion list; however, the Secretary of the Army disapproved that recommendation.

EVIDENCE OF RECORD:  The applicant's military records show:

She entered active duty on 8 March 1992.  She served as an environmental services officer and was promoted to the grade of first lieutenant effective 
8 March 1994. 

During the period of time in question she was serving at the Army Medical Department Activity (hospital), Fort Benning, Georgia.

On 29 March 1996 she was issued a letter of reprimand, signed by a major general, the acting Commanding General, Fort Benning, Georgia, for repeatedly submitting fraudulent travel claims.  The document shows, in part, "That you would sacrifice your integrity over something as insignificant as a mileage claim demonstrates very poor professional and personal judgement.  I have no confidence in your abilities as an officer, and I have grave doubt as to your ability to continue in this role."

The applicant submitted a rebuttal stating, in part, that she had been reimbursed for local travel for approximately two years; that, unfortunately, she did not research what regulation and guidelines she was to follow after receiving authorization to be reimbursed for local travel; that she may have become less attentive to the precise or exact mileage per trip; that she may have forgotten to clear her odometer and combined two trips into one instead of annotating them separately, or she might have made claims based on recall; however, she had no intent to defraud the Government.

A memorandum dated 25 September 1996 and signed by the aforementioned major general shows that the applicant had failed to go at the time prescribed to her appointed place of duty on 24 May 1996; that she subsequently deceived her superior officer by making a false statement which she knew to be false as to why she was absent from her place of duty; that her on-post driving privileges were suspended after she accumulated 12 points in 12 consecutive months; and that she had submitted claims for local travel after her driving privileges had been suspended.

On 11 February 1997 she was notified in a memorandum signed by a general officer (who assumed command of Fort Benning on that date) that allegations of acts of personal misconduct, conduct unbecoming an officer, and derogatory information in her personal file was being referred to a board of inquiry pursuant to Army Regulation 600-8-24, chapter 4.

On 21 April 1997 the applicant submitted a resignation in lieu of elimination proceedings.  In her request she acknowledged that she had been counseled by a senior defense counsel, and that she understood that if her resignation was accepted she would receive a General Discharge Certificate.  Approval of her request was recommended by the hospital troop commander, the hospital commander, and the Commanding General, Fort Benning, who all recommended that she be issued a general discharge.

A 6 May 1997 Total Army Personnel Command (PERSCOM) message shows that her resignation request was approved.  Discharge under honorable conditions with the issuance of a General Discharge Certificate was directed. 

On 27 May 1997 she was discharged.

A 10 October 1997 PERSCOM memorandum, submitted by the applicant, shows that her records were submitted to a PRB; that the PRB recommended that she be removed from the promotion list; and that the Secretary of the Army disapproved the PRB's recommendation and directed that she be retained on the promotion list.

On 30 October 1998 she was notified by the Army Discharge Review Board (ADRB) that after careful consideration of her military records and all other available evidence, it had been determined that she was properly and equitably discharged.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant, after consulting with a senior defense counsel, voluntarily tendered her resignation in lieu of undergoing elimination proceedings.  She acknowledged at that time that she knew that she would be issued a General Discharge Certificate.  Her resignation was approved.

2.  The basis for the decision of the Secretary of the Army to disapprove the PRB's recommendation and to direct that the applicant be retained on the promotion list is not in the available records.  However, the evidence of record indicates that the applicant repeatedly submitted false travel claims; that she failed to go at the time prescribed to her appointed place of duty on 24 May 
1996 and then deceived her superior officer by making a false statement ; that her on-post driving privileges were suspended after she accumulated 12 points in 12 consecutive months; and that she had submitted claims for local travel after her on-post driving privileges had been suspended.  Further, her separation with the issuance of a General Discharge Certificate which was supported by her chain of command which included the hospital troop commander, the hospital commander, and the Commanding General, Fort Benning, was approved for the Secretary of the Army by PERSCOM officials.

3.  Based on the evidence of record, it is more likely than not that had she undergone an elimination board, that board would have recommended that she be discharged with a General Discharge Certificate.

4.  The applicant’s discharge was proper and equitable.

5.  The foregoing is supported by the ADRB decision. 

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

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

JHL_____  AAO  ___  VBC ____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11904/AR19999016939	
SUFFIX	NA	
RECON	NA	
DATE BOARDED	1999 February 4	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19970527	
DISCHARGE AUTHORITY	AR 600-8-24	
DISCHARGE REASON	UNACCEPTABLE CONDUCT	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.