RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 OCTOBER 2004
      DOCKET NUMBER:   AR2004103079


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Richard Dunbar                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In effect, the applicant requests that the recoupment of $1,597.78 be
waived, and that the unpaid balance of $4,000.00 of her enlistment bonus be
paid to her.

2.  The applicant states that she enlisted in the Army on 25 July 2001 for
training in MOS (military occupational specialty) 98G (Voice Interceptor),
entitling her to an enlistment bonus of $11,000.00 of which she has been
paid $7,000.00.  She was discharged under the provisions of Army Regulation
635-200, paragraph    5-13 [personality disorder].  Because of the
extenuating circumstances leading up to her discharge, which were no fault
of her own, she should not have to forfeit any part of the bonus or pay
back money already received.  She served her country for over 30 months and
deserves approval of her request.

3.  The applicant provides a memorandum of support from an official at Fort
Polk, Louisiana, a copy of her DD Form 214 (Certificate of Release or
Discharge from Active Duty), a copy of her personnel qualification record,
and a copy of a 7 page brief on her behalf, author unknown.

4.  Regarding the brief.  She was a good and willing Soldier, who had a
rough career of minor bumps and struggles.  She was sensitive, attractive,
and too eager to please.  Her first negative experience was receiving
nonjudicial punishment for plucking her eyebrows.  She did not enjoy
military intelligence training, but did enjoy linguist training.  Her
problems were apparent early on when she was seen and treated for
depression.   Nonetheless, she was deployed.  She was constantly sexually
harassed, physically and verbally.  Grabbed and kissed by a noncommissioned
officer (NCO), another female Soldier took it upon herself to complain on
behalf of the applicant.  An investigation ensued and [the complaint] was
unsubstantiated.  She was transferred to another unit, labeled as a
troublemaker, and treated unprofessionally.  A major and others of the
combat stress team recommended   that she be administratively discharged
for adjustment disorder.  She was denied leave granted to every other
member of her platoon.  Her family realized that her depression was
worsening, and made numerous appeals; only to have been made to feel guilty
and responsible for the retaliation and reprisals their daughter began to
suffer.  She cut herself on 8 October [2003?], and was put on a brief
suicide watch, but did not obtain leave requested by her family.

      a.  She has been recently [prior to her discharge] been threatened
with disciplinary action for adultery for being sexually assaulted, as
reprisal for the family engaging an advocate to help them.  She has been
prescribed Zoloft.  She is terrified of receiving further reprisals.  She
should be allowed leave to go to her family in Denver; and if not deemed
retainable, be given an honorable discharge.

      b.  On 16 December 2003 she was in her commander's office for two
hours, crying uncontrollably, while undergoing interrogation.  She related
to her commander that her continued harassment, assault, and abuse, led her
to mistrust the Soldiers in her unit.  During her first months in Baghdad,
however, she acquitted herself well.  Only on two occasions did she receive
qualified counseling.  The day after she cut herself, the first sergeant
informed her that he would ensure that she remained in Baghdad until March,
and that the Army would deploy her husband prior to her return to the
United States, keeping them separated.  She has been traumatized by the
suicide of another unit member.

      c.  A review of documentation shows that last March she was a healthy
and happy 20-year old who arrived in Kuwait and relocated to Baghdad.  By
early summer, because of the harassment, reprisals, and retaliation, her
condition had deteriorated.  In the early days of her career, the Army
should have discharged her for an adjustment disorder, but chose to deploy
her instead to the front lines of Iraq, in an almost exclusively all-male
atmosphere of assault and harassment. The Army ignored the pleas of her
family, even after she cut herself.  Her family is willing to assume
responsibility for her and any final paperwork could be completed while she
is safe at home.

      d.  She was being harassed and terrorized by members of her command,
to include threats to send her to Fort Leavenworth.  The chaplain also
insisted that she repent.  She was further chastised and the threats have
left her distraught.  Her family has learned that a 5-13 discharge
[separation because of a personality disorder] was pending, but she would
have to out process in Iraq before returning to Fort Polk, enduring further
out-processing.  After last night's threats and verbal assaults, her family
fears for her life on any military facility and want her immediately and
directly sent home from Baghdad, that she be honorably discharged
immediately, with full Montgomery GI Bill benefits, and with a favorable
discharge code.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army for 5 years on 25 July 2001 in pay
grade   E-3.  She enlisted for a training enlistment program of 98, and for
the Army incentive enlistment program, which included a cash bonus of
$11,000.00 and an Army College Fund (ACF) incentive of $50,000.00.

2.  She completed basic combat training and in October 2001 was assigned to
the Presidio of San Francisco, where she trained as a linguist (Persian
Farsi).  From there she went to Goodfellow Air Force Base in Texas for
training in her military intelligence field, and in March 2003 was assigned
to the 502nd MI (Military Intelligence) Company at Fort Polk.  Her enlisted
record brief and personnel qualification record do not show assignments
thereafter; however, her DD Form 214 shows that she had 8 months of
overseas service, having service in support of Operation Iraqi Freedom from
25 April 2003 to 24 December 2003.
The applicant's discharge proceedings show that she was assigned to the
502nd MI Company, which was either assigned or attached to the 3d Squadron,
2nd Armored Cavalry Regiment, then in Iraq.

3.  On 19 December 2003 the applicant was counseled by her commanding
officer, who stated that the counseling was based on her inability to
separate her personal life from her duty as a Soldier.  He stated that she
had seen the combat stress team numerous times and a psychiatrist three
times in the last three months, and had exhibited extreme mood swings,
depression, and suicidal behavior.

4.  On 20 December 2003 the applicant's commanding officer notified the
applicant that he was initiating action to separate her under the
provisions of Army Regulation 635-200, paragraph 5-13, because of a
personality disorder, and that he was recommending that she receive an
Honorable Discharge Certificate.

      a.  A 5 November 2003 report of mental status evaluation indicates
that the applicant had a major depressive disorder, moderate, recurrent,
and a borderline personality disorder, with occupational and family
stressors.  The report indicates that she would continue Zoloft at her
current dosage, but would consider change if no improvement was shown.  The
applicant indicated that her problems were interpersonal in nature and
those issues had been problematic for her since her teen years -
indications that personality disorder was the predominate problem at that
time.  The applicant was mentally responsible, and had the mental capacity
to understand and participate in proceedings.  She was psychiatrically
cleared for any action deemed appropriate by the command.  She did not have
a severe mental disorder; however, she manifested a long-standing disorder
of character, behavior, and adaptability that was of such severity so as to
preclude adequate military service. The report indicates that she would
have a follow up appointment on 24 November 2003.

      b.  A 24 November 2003 report of mental status evaluation shows that
she was diagnosed as having a major depressive disorder, moderate,
recurrent, and a borderline personality disorder.  The examining
psychiatrist indicated that the applicant's problem would not respond to
command efforts at rehabilitation nor to any treatment methods available in
the military mental health facility.

5.  The applicant indicated that she had consulted with counsel and advised
of the basis for the contemplated action to separate her for a personality
disorder, its effects, the rights available to her, and the effect of any
action taken by her in waiving her rights.  She declined to submit
statements in her own behalf.  She indicated that she understood the nature
and consequences of the General Discharge that she might receive.

6.  On 20 December 2003 the applicant's commanding officer recommended to
the separation authority that the applicant be separated because of a
personality disorder.  The separation authority approved the recommendation
and directed that the applicant receive an Honorable Discharge Certificate.

7.  Although documents are not available, she was obviously returned to the
United States at Fort Polk for completion of discharge processing.  Orders
published by Fort Polk on 31 December 2003 show that she was assigned to
the transition center at Fort Polk for transition processing.

8.  Prior to her discharge, the Adjutant General at Fort Polk, on 6 January
2004, submitted a memorandum to this agency on her behalf.

9.  The applicant was discharged at Fort Polk on 6 January 2004, with an
honorable characterization of service.

10.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Paragraph 5-13 establishes policy and
prescribes procedures for separating members for personality disorder (not
amounting to a disability under Army Regulation 635-40), a deeply-ingrained
maladaptive pattern of behavior which interferes with the individual's
ability to perform.  Prior counseling with a view to correcting
deficiencies is mandatory.

11.  There is no evidence, and the applicant has not submitted any
regarding enlistment bonus payments to her, or any recoupment action
thereto.

12.  The Department of Defense Financial Management Regulation (DODFMR)
provides for payment of enlistment bonus under certain conditions, in an
amount prescribed by the Secretary of the Military Department concerned,
but not more than $20,000.00, in a single lump sum, or in periodic
installments.  That regulation also provides for recoupment of unearned
portions of enlistment bonuses when a member voluntarily or because of
misconduct does not complete the term of enlistment for which the bonus was
paid.  For the purpose of recouping any unearned portions of enlistment
bonuses, the term "who voluntarily or because of misconduct" includes
members separated for a personality disorder.  Recoupment is required for
administrative discharges.

DISCUSSION AND CONCLUSIONS:

1.  Although there is no evidence concerning the enlistment bonuses paid to
the applicant or any action taken to recoup a portion of the money paid to
her, it can be assumed that what she is saying is so; otherwise, she would
not be applying to this Board.  Nevertheless, before the Board could grant
a request of this nature, if it were to do so, evidence would have to be
submitted regarding the amounts paid, recoupment action, and so forth.

2.  Other than as indicated herein, there is no evidence concerning the
applicant's conduct, actions, and behavior, while in Iraq.  The brief that
she submits with her request has been duly noted; however, there is no
evidence to substantiate the information contained therein.  The applicant
had a personality disorder, as indicated by competent medical authority,
and her commander recommended discharge in accordance with regulatory
guidance.  She did not contest this recommendation.  The proceedings were
proper and she was discharged accordingly.

3.  The applicant was discharged because of a personality disorder, an
administrative discharge, which according to regulatory authority requires
recoupment of any unearned portion of an enlistment bonus.  Notwithstanding
the lack of evidence regarding her enlistment bonus payments and recoupment
thereof, it is presumed that recoupment action was taken as the applicant
has admitted, and that she would have received the remaining $4,000.00 of
her enlistment bonus, had she completed her term of service, which she has
stated is due her.  However, because of the nature of her discharge, any
money that she received which she had not earned was subject to recoupment,
and any unpaid balance of the enlistment bonus, forfeited.

4.  Therefore, the applicant's request that the recoupment of $1,597.78 be
waived, and that an unpaid balance of $4,000.00 of her enlistment bonus be
paid to her, is not granted.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  __LS____  ___RD __  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.





            _____Fred Eichorn_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103079                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041014                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |112.04                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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