ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  8 July 2019
DOCKET NUMBER: AR20170011327


APPLICANT REQUESTS:

*	an upgrade to her general, under honorable conditions discharge to 
honorable
*	military occupational specialty (MOS) changed from 92Y (Unit Supply 
Specialist) 
to 92A (Automated Logistical Specialist).
*	change document stating Absent without leave (AWOL) status 
portrayed the 
applicant as a male instead of female

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	DD Form 214 (Certificate of Release or Discharge from Active Duty)
*	Enlisted Records Brief
   *	page 5 of DA Form 3975, (Military Police Report) 
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 would like her discharge upgraded from 
general under 
honorable condition to honorable, her MOS be changed from 92Y to 92A, and 
correct 
page 5 of DA Form 3975 stating AWOL status portraying her as male instead 
of female. 
She also states, there are clear and unmistakable errors within her 
military records as 
well as a Judge Advocate General (JAG) investigation that supports her 
claim. There 
are seal medical records that show that she was assaulted by a high 
ranking 
Noncommissioned Officer and that she was fraudulently discharge from the 
service. 
She was granted a 90% disability rating from the Department of Veterans 
Administration 
(VA), 70% of her disability is due to Chronic Adjustment Disorder from 
the physical and 
mental abuse





3.	The applicant provides the following documents:

   a.	DD Form 214 showing her service from 4 October 2006 to 8 August 
2008.

b.	Enlisted Record Brief, prepared on 9 July 2008, indicating she was 
a female.

   c.	Page 5 of DA Form 3975 (Military Police Report), that incorrectly 
shows her 
gender as a male rather that a female

4.	A review of the applicant’s service record shows:

   a.	She enlisted in the Regular Army on 3 October 2006. She identified 
herself as a 
female and was separated as a female. However page 5 of DA Form 3975 
incorrectly 
refers to the applicant as a male.

   b.	She was trained in and awarded primary military occupational 
specialty 92Y (Unit 
Supply Specialist).

c.	She received nonjudicial punishment on/for:

*	7 February 2008, AWOL from 16 December 2007 to 9 January 2008 and 
wrongfully using marijuana.
*	2 May 2008, three charges of failing to go at the time prescribed 
to her place 
of duty
*	17 June 2008, wrongfully using marijuana

   d.	On 29 July 2008, the applicant’s immediate commander notified the 
applicant of 
his intent to separate her under the provisions of Chapter 14, Army 
Regulation (AR) 
635-200 (Personnel Separations – Enlisted Personnel) for the commission 
of a serious 
offense:

*	wrongful use of marijuana
*	being absent without leave
*	failing to show up at her appointed place of duty on several 
occasions
*	two field grade article 15s and one company grade article 15

   e.	On 29 July 2008, she acknowledged receipt of the notification of 
the separation 
action. On 29 July 2008, she was advised by counsel of the basis for the 
contemplated 
action to separate her for commission of a serious offense under AR 635-
200, chapter 
14, paragraph 14-12c, its effects, of the rights available to her, and 
the effect of any 
action taken by her in waiving her rights.  She acknowledged:
   


*	she may encounter substantial prejudice in civilian life if a 
general discharge 
under other than honorable conditions was issued to him
*	she may apply to the Army Discharge Review Board or the Army Board 
for 
Correction of Military Records for upgrading
*	she is ineligible to apply for enlistment in the Army for 2 years 
after discharge
*	statements in her own behalf were not submitted by the applicant

   f.	On 30 July 2008, consistent with the chain of command 
recommendation, the 
separation authority approved the discharge recommendation for immediate 
separation 
under the provisions of Chapter 14, AR 635-200, paragraph 14-12c for the 
commission 
of a serious offense.  She would be issued a general discharge.

   g.	She was discharged from active duty on 8 August 2008 with a 
general, under 
honorable conditions characterization of service. Her DD Form 214 shows 
she 
completed 1 year, 9 months, and 9 days of active service in MOS 92Y10. It 
also shows 
she was awarded or authorized:

*	Army Service Ribbon
*	National Defense Service Medal

4. On 23 August 2012, the Army Discharge Review Board denied the 
applicant's 
request for an upgrade of her discharge.

4. By regulation, members are subject to separation for commission of a 
serious 
offense. Commission of a serious military or civil offense, if the 
specific circumstances 
of the offense warrant separation and a punitive discharge would be 
authorized.

4. By regulation AR 635-5, (Separation Documents), the DD Form 214 is a 
summary of 
the Soldier's most recent period of continuous active duty. It provides a 
brief, clear-cut 
record of all current active, prior active, and prior inactive duty 
service at the time of 
release from active duty, retirement, or discharge. The information 
entered thereon 
reflects the conditions, as they existed at the time of separation.

6.	In reaching its determination, the Board can consider the 
applicants petition and her 
service record in accordance with the published equity, injustice, or 
clemency 
determination guidance.

7.	The DA Form 3975 (Military Police Accident Report) is governed by 
AR 190-45 
(Military Police – Law Enforcement Reporting) which establishes policies 
and 
procedures for offense and serious-incident reporting within the Army.  
This form is 
used to provide commanders and law enforcement officials with means by 
which 
information may be accurately identified. Block 6 shows if the member is 
male, female, 
or unknown.  The proponent of this regulation is the Provost Marshal 
General.



BOARD DISCUSSION:

After reviewing the application and all supporting documents, to include 
the DoD 
guidance for consideration of discharge upgrade requests, the Board 
determined that 
partial relief was warranted. The Board considered the applicant's 
statement, her 
service record, the frequency and nature of her misconduct, the reason 
for her 
separation and whether to apply clemency. The Board found insufficient 
evidence of 
in-service mitigation for the misconduct and the applicant provided no 
evidence of 
post-service achievements or letters of reference in support of a 
clemency 
determination. Based upon a preponderance of evidence to include the 
pattern of 
misconduct in the record, the Board concluded that the characterization 
of service 
received upon separation was not in error or unjust.

Based upon the applicant’s Enlisted Record Brief reflecting the primary 
MOS of the 
applicant as 92Y, the Board concluded that the the current entry of “92Y” 
on the 
applicant’s DD Form 214 was correct and that no error or injustice was 
present which 
would warrant making a change to the MOS on the applicant’s DD Form 214.

Finally, the Board did note that there was an error in the initial MP 
report concerning 
the applicant’s AWOL offense and the Board recommended correction to the 
applicant’s gender in that report.

BOARD VOTE:


Mbr 1
Mbr 2
Mbr 3

:
:
:
GRANT FULL RELIEF
X
X
X
GRANT PARTIAL RELIEF
:
:
:
GRANT FORMAL HEARING
:
:
:
DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.	The Board determined the evidence presented is sufficient to 
warrant a 
recommendation for partial relief. As a result, the Board recommends that 
all 
Department of Army records of the individual concerned be corrected by 
amending 
Military Police Report Number 05225-2008-MPC034, dated 28 June 2008, by 
changing 
the narrative portion (Section VII) by changing all references to “HIM” 
and replacing it 
with “HER”.
2.	The Board further determined the evidence presented is insufficient 
to warrant a 
portion of the requested relief. As a result, the Board recommends denial 
of so much of 
the application that pertains to all other requested relief.
7/10/2019

X 

CHAIRPERSON
Signed  by:  
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

2.	Army Regulation 635-200 (Personnel Separations – Enlisted 
Personnel), in effect at 
the time, sets forth the basic authority for the separation of enlisted 
personnel.

   a.	Paragraph 3-7a (Honorable Discharge) states an honorable discharge 
is a 
separation with honor. 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 (General Discharge) states a general discharge is a 
separation 
from the Army under honorable conditions. When authorized, it is issued 
to a member 
whose military record is satisfactory but not sufficiently meritorious to 
warrant an 
honorable discharge.

   c.	Chapter 14 -12c (Commission of a Serious Offense) of that 
regulation provides 
that members are subject to separation for commission of a serious 
offense. 
Commission of a serious military or civil offense, if the specific 
circumstances of the 
offense warrant separation and a punitive discharge would be authorized 
interest of 
justice to do so.

3.	Army Regulation 635-5 (Separation Documents), in effect at the 
time, provided for 
the preparation of the DD Form 214. The DD Form 214 is a summary of the 
Soldier's 
most recent period of continuous active duty. It provides a brief, clear-
cut record of all 
current active, prior active, and prior inactive duty service at the time 
of release from 
active duty, retirement, or discharge. Item 11 (Primary Specialty) List 
number, title and 
years and months in specialty. List specialty number and titles involving 
periods of one 
or more years.

4.	On 25 July 2018, the Under Secretary of Defense for Personnel and 
Readiness 
issued guidance to Military Discharge Review Boards and Boards for 
Correction of 
Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency 
determinations. Clemency generally refers to relief specifically granted 
from a criminal 
sentence. BCM/NRs may grant clemency regardless of the type of court-
martial. 
However, the guidance applies to more than clemency from a sentencing in 
a court- 
martial; it also applies to other corrections, including changes in a 
discharge, which may 
be warranted based on equity or relief from injustice. This guidance does 
not mandate 
relief, but rather provides standards and principles to guide Boards in 
application of their



equitable relief authority.  In determining whether to grant relief based 
on equity, 
injustice, or clemency grounds, BCM/NRs shall consider the prospect for 
rehabilitation, 
external evidence, sworn testimony, policy changes, relative severity of 
misconduct, 
mental and behavioral health conditions, official governmental 
acknowledgement that a 
relevant error or injustice was committed, and uniformity of punishment. 
Changes to the 
narrative reason for discharge and/or an upgraded character of service 
granted solely 
on equity, injustice, or clemency grounds normally should not result in 
separation pay, 
retroactive promotions, and payment of past medical expenses or similar 
benefits that 
might have been received if the original discharge had been for the 
revised reason or 
had the upgraded service characterization.

5.	AR 190-45 (Military Police – Law Enforcement Reporting) establishes 
policies and 
procedures for offense and serious-incident reporting within the Army. 
The DA Form 
3975 (Military Police Accident Report) is used to provide commanders and 
law 
enforcement officials with means by which information may be accurately 
identified. 
Block 6 shows if the member is male, female, or unknown. The proponent of 
this 
regulation is the Provost Marshal General.