IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011484 BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X_____ ____X____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011484 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 19 July 2016 DOCKET NUMBER: AR20150011484 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 an upgrade of her discharge, from an under other than honorable conditions discharge to an under honorable conditions (general) discharge. 2. The applicant states, in effect, since her discharge she has earned a degree and has learned to be an outstanding citizen within her community. She has learned that she has thyroid issues that she was unaware of during her enlistment. She would like an upgrade so that she can better serve her community. If she is given an upgrade, organizations within the community would be able to benefit from the services that she wants to share. 3. The applicant provides no additional 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 9 August 2001. 3. Her record is void of a separation packet containing the specific facts and circumstances surrounding her discharge processing. However, her record does contain a duly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty) that identifies the authority and reason for her separation. 4. Her DD Form 214 shows she was discharged on 22 July 2002, under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10, in lieu of trial by court-martial. Her service was characterized as under other than honorable conditions. She was separated in the rank/grade of private/E-1, after completing 9 months and 8 days of net active service with approximately 54 days of lost time. 5. She applied to the Army Discharge Review Board (ADRB) on 7 November 2008 for an upgrade of her character of service and reentry code. The ADRB determined on 17 August 2009 that she was properly and equitably discharged. Accordingly, her request for an upgrade of her character of service and reentry code was denied. REFERENCES: Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a provides that 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. b. Paragraph 3-7b provides that 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. c. Chapter 10 provides that a member who commits 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 at any time after court-martial charges are preferred and must include the individual's admission of guilt. Commanders will ensure that an individual is not coerced into submitting a request for discharge for the good of the service. Consulting counsel will advise the member concerning the elements of the offense or offenses for which he or she is charged, the type of discharge normally given under the provisions of this chapter, the loss of Department of Veterans Affairs' benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge. A discharge under other than honorable conditions is normally issued to an individual who is discharged for the good of the service. DISCUSSION: 1. The applicant's request for an upgrade of her under other than honorable conditions discharge was carefully considered. 2. The applicant's record is void of the specific facts and circumstances surrounding her discharge; however, it appears she was charged with the commission of an offense(s) punishable under the Uniform Code of Military Justice with a punitive discharge. 3. Discharges under the provisions of Army Regulation 635-200, chapter 10, are voluntary requests for discharge in lieu of trial by court-martial. The applicant is presumed to have voluntarily, willingly, and in writing, requested discharge from the Army in lieu of trial by court-martial. In doing so, she would have waived her opportunity to appear before a court-martial. 4. It is also presumed that all requirements of law and regulation were met and her rights were fully protected throughout the separation process. She provided no evidence that would indicate the contrary. Further, it is presumed her discharge accurately reflects her overall record of service during her enlistment. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150011484 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150011484 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2