MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 March 2002
         DOCKET NUMBER: AR2001064034

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

Mr. Carl W. S. Chun		Director
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Ms. Shirley L. Powell		Chairperson
Mr. Stanley Kelley		Member
Mr. Elzey J. Arledge, Jr.		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

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

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APPLICANT REQUESTS: That her type of separation, character of service, separation and reentry codes, and narrative reason for separation be changed to reflect the correct reason she was separated.

APPLICANT STATES: That she was discharged because she was sexually harassed and it was convenient for them to get her out of the way and discredit her. When she arrived at basic training she was immediately asked to have sex with several cadre members. She reported the incident to her commander who replied, “My drill sergeants wouldn’t do that.” Her drill sergeants (DSs) refused to let her go on sick call when she became ill. While at the holdover barracks awaiting discharge, she lodged complaints of sexual harassment against the cadre members of her former unit with an officer who identified himself as a Pentagon attaché. In November 1996, she viewed a program on CNN about sexual harassment in the military and called the 1-800 number to lodge her complaint. She provides no supporting evidence.

EVIDENCE OF RECORD: The applicant's military records show:

She had prior service in the U. S. Army Reserve which was terminated with an uncharacterized description of service for nonparticipation and for reporting for initial entry training in an overweight condition. She enlisted in the Regular Army on 19 November 1992. She reported to her basic training unit on 1 December 1992.

Between 5 January and 4 February 1993, the applicant received six counseling statements for disrespect, low training scores, inability to maintain standards of personal appearance, lack of motivation, and disobeying an order. She nonconcurred in all but one of the counselings. She provided a lengthy statement with her noncurrence in her 10 – 12 January 1993 counseling in which she was counseled by DS S___. She stated her DS’s complaint was filled with distortions and exaggerations. She unintentionally informed her DS that she was on profile not realizing it had expired. Upon entering the platoon bay area she received a poor reception from her fellow peers who labeled her a troublemaker. Three platoon members initiated an argument. She had to defend herself against personal attacks. In regards to the accusation that she threatened DS B___, she believed she had been subjected to unfair and harsh treatment under DS B___’s supervision. Once DS B___ had stated he would “kick her ass” in order to gain her cooperation. She informed DS B___ that she would inform her Congressman of the incident which occurred on the night in question. Then DS B___ kneaded her in the chest with his knuckle and demanded she exit the office.

The applicant mentioned sexual harassment in none of her nonconcurrences with these counseling statements.

On 9 February 1993, the applicant’s commander informed the applicant of his intent to recommend her for administrative separation from the Army for lack of motivation and military discipline. The applicant waived her right to a separation physical, requested consulting counsel, and provided a statement in her own behalf. She stated that she wanted to complete her enlistment contract. She felt she was capable of contributing to the Armed Forces. She had not committed any criminal acts which would warrant her dismissal. She strongly believed that given the opportunity she would become a good soldier.

The appropriate authority approved the recommendation and directed the applicant be separated with an uncharacterized description of service. On 19 February 1993, she was discharged, with an uncharacterized description of service, under the provisions of Army Regulation 635-200, paragraph 11-3a, with a separation code of JGA (entry-level performance and conduct), a reentry code of 3, and a narrative reason for separation of entry-level status. She had completed 3 months and 1 day of creditable active service with no lost time.

Army Regulation 635-200, chapter 11 sets the policy and prescribes procedures for separating members who were voluntarily enlisted in the Regular Army, National Guard or Army Reserve, are in an entry level status and, before the date of the initiation of separation action, have completed no more than 180 days of creditable continuous service, and have demonstrated that they are not qualified for retention. The following conditions are illustrations of conduct that does not qualify for retention: cannot or will not adapt socially or emotionally to military life; cannot meet the minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service. Unless the reason for separation requires a specific characterization, a soldier will be awarded an uncharacterized description of service if in an entry-level status. (For Regular Army soldiers, entry-level status is the first 180 days of continuous active duty.)

The Separation Program Designator Code Cross-Reference Table states that when the separation code is JGA then reentry code 3 will be given.

The applicant applied to the Board for reinstatement on active duty because she had already completed training and could not be separated for lacking traits to successfully complete training and because the counseling statements she received were for minor infractions. The Board denied her request on 9 October 1994. She applied to the Board to have her reason for separation changed to disability retirement or separation because she was exposed to carbon sulfide (CS) gas and it caused an upper respiratory infection but she was not given a medical discharge due to racism and prejudice. The Board denied her request on 12 August 1998.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

2. The applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights. The uncharacterized discharge directed and the reasons therefor were appropriate considering all the facts of the case.

3. The evidence of record shows the applicant was not hesitant about nonconcurring with her counseling statements yet the Board notes she did not once mention she was being unfairly treated because she refused to give in to demands for sex. She did not mention sexual harassment when she provided her statement with her discharge recommendation. She did not mention sexual harassment during her two previous applications to the Board. She does not provide any evidence to show she was sexually harassed and that such harassment was the reason she was discharged.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__slp___ __sk____ __eja___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001064034
SUFFIX
RECON
DATE BOARDED	20020319
TYPE OF DISCHARGE	UNCHAR
DATE OF DISCHARGE	19930219
DISCHARGE AUTHORITY	AR 635-200, ch 11
DISCHARGE REASON	A04.00
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	110.00
2.
3.
4.
5.
6.