ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  3 April 2019

	DOCKET NUMBER:  AR20160019250


APPLICANT REQUESTS:  Her under honorable conditions (general) discharge be 
upgraded to an honorable discharge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record Under the Provisions 
of Title 10, U.S. Code, Section 1552)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United 
States Code (USC), section 1552 (b); however, the Army Board for Correction of 
Military Records conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states she was unjustly punished for an incident and railroaded by the 
acting first sergeant because she played post basketball.

3.  The applicant enlisted in the Regular Army on 22 February 1983.

4.  The applicant's record contains five DA Forms 4856 (General Counseling Form), 
dated between September 1983 and December 1984, which show she received 
counseling for the following:

*	failure to report to work
*	failure to repair
*	leaving a mandatory class without permission

5.  The applicant accepted non-judicial punishment (NJP), under the provisions of 
Article 15 of the Uniform Code of Military Justice (UCMJ), on:

*	24 June 1983, for wrongful possession of marijuana, on or about 31 May 1983
*	6 February 1985, for failure to go at the time prescribed time to her place of duty, 
on or about 30 October 1984, and for disobeying a lawful order/being 
disrespectful in deportment and language, on or about 23 October 1984

6.  The applicant's immediate commander notified her on 4 March 1985 of his intent to 
initiate separation actions against her under the provisions of Army Regulation 635-200 
(Personnel Separations – Enlisted Personnel), chapter 14, for misconduct – pattern of 
misconduct.  Her commander cited the specific reasons as drug abuse, drug 
possession, failure to report, disrespect to a commissioned officer and several other 
offenses.

7.  After consulting with counsel on 4 March 1985, the applicant elected not to provide 
statements in her own behalf.  She further acknowledged that she may encounter 
substantial prejudice in civilian life if she received a general discharge.

8.  The applicant's commander formally recommended her separation from service on  
4 March 1985, under the provisions of Army Regulation 635-200, chapter 14, for 
misconduct – pattern of misconduct.  The separation authority approved the 
recommended discharge on 5 March 1985 and directed that the applicant be issued an 
under honorable conditions (general) discharge.

9.  The applicant was discharged on 26 March 1985.  Her DD Form 214 (Certificate of 
Release or Discharge from Active Duty) confirms she was discharged under the 
provisions of Army Regulation 635-200, paragraph 14, by reason of misconduct – 
pattern of misconduct.

BOARD DISCUSSION:

After reviewing the application and supporting documents, the Board found that relief 
was not warranted.  The Board determined that the mitigating factors for the misconduct 
presented by the applicant was insufficient to warrant changing the characterization of 
service.  The Board concluded based upon the relatively short term of service 
completed prior to multiple occasions of misconduct, the characterization of service 
received at the time of discharge was appropriate.


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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 the overall merits of this case are insufficient 
as a basis for correction of the records of the individual concerned.
	  
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.





REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military 
records must be filed within three 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 three-year statute of 
limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  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.  Chapter 14 of this regulation establishes policy and prescribes procedures for 
separating members for misconduct.  Specific categories include minor disciplinary 
infractions, a pattern of misconduct, commission of a serious offense, conviction by civil 
authorities, desertion, or absences without leave.  Action will be taken to separate a 
member for misconduct when it is clearly established that rehabilitation is impracticable 
or is unlikely to succeed.  A discharge under other than honorable conditions is normally 
considered appropriate.  However, the separation authority may direct a general 
discharge if such is merited by the Soldier's overall record.

ABCMR Record of Proceedings (cont)	 AR20160019250

3

1