PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            26 May 1999                  
	DOCKET NUMBER:   AR1999023179

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

	Mr. Loren G. Harrell		Director	
	Mr. Paul A. Petty		Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Ms. Barbara J. Ellis		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that her discharge reason be changed to allow her to obtain VA educational benefits.

3.  The applicant states that she was discharged with 35 months of service which is one month short of the required 36 months to be eligible to receive VA education benefits.  When she was discharged, she was told by her noncommissioned officer that she would be able to get VA benefits but after she was discharged and applied for such, she found that she had been misinformed. She was discharged for misconduct - minor disciplinary infractions under honorable conditions.  The Army Discharge Review Board found that the discharge was too harsh for the minor disciplinary infractions and upgraded the discharge to fully honorable but did not change the reason.  But without a change of reason, she can not obtain VA educational benefits because she was discharged one month short of the required 36 months to be eligible to receive VA educational benefits.

4.  The applicant’s military records show that she enlisted in the Army Reserves on 17 March 1987 at age 17.  She completed basic training and advanced training as a 91A, Medical Specialist.  She served in an Army Reserve Troop Program Unit (TPU) until 4 August 1989, at age 19, when she enlisted in the Regular Army for a four year term of service as a Medical Specialist and was assigned to Fort Leonard Wood.  She was married on or about 31 October 1989. She advanced to the grade of E-4 on 1 June 1991.

5.  From October 1991 to May 1992, the applicant received 9 counseling statements for minor infractions and 1 Article 15 nonjudicial punishment.  On 
1 October 1991, she was counseled for conducting personal business on military time (she left a Sears Catalog in the break room); 25 October 1991 for deficiencies on a Class A uniform inspection (missing name tag, National Defense Service Ribbon, service strip, and gloves); 15 November 1991, Memorandum for Record of general counseling on responsibilities as a soldier and single parent (at that time she was apparently separated or divorced from her husband to whom she was married in 1989); 19 November 1991 informing the applicant of 14 days extra duty (reason not given); 5 February 1992 for late to duty (was detained at child care center due to her child having an untimely bowel movement and suspected of having a fever - applicant had to stay to change diaper and monitor temperature to ensure child did not have a fever); 17 March 1992 for late for duty (no details); Monday, 23 March 1992 for failure to repair - very late for duty (applicant went home to Shreveport, Louisiana, from Fort Leonard Wood, Missouri, on the weekend for a funeral and on her return trip to Fort Leonard, she got lost in a night storm causing her to be late); 24 March 1992 for failure to pay a bill (letter from bank that the applicant was in arrears a $32.00 

payment on a loan balance of $327.67); 7 May 1992 for misconduct (specific misconduct not named).  On 24 February 1992, she received an Article 15 for representing to AT&T telephone services that she was the owner of an installation phone to receive a service of $4.60 value.  The commander imposed punishment of forfeiture of $200, reduction to E-3, and 7 days extra duty.

6.  On 8 May 1992, her commander began Chapter 14 administrative separation processing for misconduct - minor disciplinary infractions.  On 9 June 1992, her commander was advised by the military trial defense counsel that there was insufficient reason for discharge.  On 11 June 1992, the discharge authority approved a general discharge for misconduct-minor disciplinary infractions.  She was so discharged on 2 July 1992 with 2 years 10 months 29 days active service.

7.  The Army Discharge Review Board (ADRB) reviewed the applicant's files at her request in a personal appearance board.  The ADRB determined that her general discharge was too harsh considering the minor nature of the misconduct and her otherwise acceptable record and directed that her discharge be upgraded to fully honorable.  The ADRB did not change the reason for discharge although a minority of the ADRB did vote to change the reason.

CONCLUSIONS:

1.  The ADRB determined that the discharge given the applicant was too harsh considering the minor nature of the misconduct and her otherwise acceptable record and granted her an upgrade to a fully honorable discharge but retained the reason as misconduct.  The ADRB found that the misconduct was mitigated by her family problems of being a young single parent soldier.

2.  Her discharge was 1 month 1 day short of meeting the requirement of serving 36 months of a 4 year enlistment to qualify for VA educational benefits.

3.  As a matter of compassion, the applicant's reason for discharge should be changed to Secretarial Authority so that she might be able to receive VA educational benefits in recognition of her otherwise honorable service.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected for the individual concerned by changing her reason for discharge to Secretarial Authority on her honorable discharge for the period 4 August 1989 to 2 July 1992.

BOARD VOTE:  

_mdm___  _aao ___  _bje_____  GRANT AS STATED IN RECOMMENDATION

      _____  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_____Mark D. Manning____
		        CHAIRPERSON

INDEX

CASE ID	AC	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990526	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.