BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150008127 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 general discharge to a fully honorable discharge. 2. The applicant states: * when she enlisted in the Army, her recruiter told her that leaving the military would be an easy task if she were not satisfied with her choice * when she was discharged, her commander told her the characterization of service would automatically be changed to honorable after 2 years 3. The applicant provides hers DD Form 214 (Report of Separation from Active Duty) and General Discharge Certificate. 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 20 June 1974 for a 2-year term. She completed basic combat training at Fort Jackson, SC. She was reassigned to Fort Campbell, KY, for completion of advanced individual training. 3. On 4 September 1974, she accepted nonjudicial punishment under the provisions of Article 15 of the Uniform Code of Military Justice for being absent without leave from 25 to 28 July 1978. 4. Also on 4 September 1974, the applicant's immediate commander notified the applicant of the intent to initiate action to eliminate her from the Army under the provisions of chapter 13 of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) due to unsuitability. The immediate commander requested a waiver of any further requirements for counseling or rehabilitative transfer because prior attempts had failed. Specifically, the immediate commander cited the applicant's: * repeated unauthorized absence and confinement time had precluded her reassignment to a regularly-organized unit * her attitude and actions demonstrated disregard to military authority and any rule or regulation he found inconvenient for her * further duty would be a hazard to the unit and its proper mission accomplishment 5. On 4 September 1974, the applicant acknowledged she had been notified of the pending separation action against her and that she had been advised by counsel of the basis for the contemplated action to separate her for unsuitability. The applicant waived consideration of her case by a board of officers and/or personal appearance before a board of officers. She further elected not to submit a statement on her own behalf. She acknowledged that she understood that she could expect to encounter substantial prejudice in civilian life if a general discharge under honorable conditions was issued to her. 6. Following this notification, the applicant's immediate commander initiated separation action against the applicant. The commander opined that the applicant's records indicated that rehabilitation would not produce the quality Soldier acceptable in the baseline force. She lacked motivation, discipline, and the ability to become a productive Soldier. Her intermediate commander recommended approval. 7. The separation authority approved the recommendation to separate the applicant under the provisions of chapter 13 of Army Regulation 635-200 and ordered her discharged and issued a General Discharge Certificate. Accordingly, the applicant was discharged on 16 October 1974. 8. The DD Form 214 she was issued shows she was discharged under the provisions of chapter 13 of Army Regulation 635-200 with a General Discharge Certificate. She had completed 3 months and 19 days of creditable active military service and she had 3 days of lost time and 21 days of excess leave. 9. There is no indication she petitioned the Army Discharge Review Board for a review of her discharge within that board's 15-year statute of limitations. 10. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 13, in effect at the time, contains the policy and outlines the procedures for separating individuals for unsuitability. Action was to be taken to discharge an individual for unsuitability when, in the commander's opinion, it was clearly established that: the individual was unlikely to develop sufficiently to participate in further military training and/or become a satisfactory Soldier or the individual's psychiatric or physical condition was such as to not warrant discharge for disability. Unsuitability included inaptitude, character and behavior disorders, disorders of intelligence and transient personality disorders due to acute or special stress, apathy, defective attitude, and inability to expend effort constructively, enuresis, chronic alcoholism, and homosexuality. Evaluation by a medical officer was required and, when psychiatric indications are involved, the medical officer must be a psychiatrist, if one was available. A general or honorable discharge was considered appropriate. 11. Army Regulation 635-200, 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. DISCUSSION AND CONCLUSIONS: 1. The applicant enlisted in the Regular Army for a 2-year term. However, shortly after her entry, her commander determined she displayed an indifferent attitude and lacked the necessary discipline to complete training and become a productive Soldier. Accordingly, her chain of command initiated separation action against her. 2. The discharge proceedings were conducted in accordance with law and regulations applicable at the time and the character of service is commensurate with her overall record of military service. The reason for discharge and the characterization of service were both proper and equitable. 3. There is no evidence in the applicant's records and she provided none such as a sworn statement or a witness statement that corroborates her contention that her recruiter told her that leaving the military would be an easy task if she were not satisfied with her choice or that her commander told her the characterization of service would be automatically upgraded. 4. The Army does not have a policy wherein a characterization of service is upgraded due to passage of time. The applicant has not provided any evidence or sufficiently mitigating argument to warrant an upgrade of her 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) AR20150008127 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008127 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1