RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 March 2005
      DOCKET NUMBER:  AR20040004125


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carmen Duncan                 |     |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.  The applicant requests, in effect, that the narrative reason for her
separation be changed.

2.  The applicant states, in effect, that a military member raped her in
her unit while in the field.  She claims she was never offered any
counseling for this traumatic event and when she approached her chain of
command to obtain counseling, it was denied.

3.  The applicant further states that she had difficulties because neither
she nor her attacker was transferred out of the unit, as she requested.
She also claims she requested early discharge for these reasons and it was
granted.  She states that since she wanted out so quickly and because her
unit wanted her out, she signed whatever separation paperwork they gave
her, not thinking how the narrative reason for her separation would impact
her future.  She concludes by indicating that she was a specialist four
(SP4) on the promotion list for sergeant (SGT) at the time of her
separation and had been encouraged to reenlist by the unit career
counselor.

4.  The applicant provides no documentary evidence in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 6 June 1980.  The application submitted in this case is
dated 10 June 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s record shows that she enlisted in the Regular Army and
entered active duty on 17 October 1977.  She was trained in and awarded
military occupational specialty (MOS) 64C (Motor Transport Operator).
4.  The applicant’s Personnel Qualification Record (PQR) shows that she was
promoted to the rank of SP4 on 1 October 1979 and that she recommended for
promotion and placed on the promotion standing list to SGT on 8 February
1980.

5.  On 19 November 1979, the Assistant Brigade Chaplain prepared a
memorandum to the applicant’s commander outlining his counseling of the
applicant, which began in September 1979.  The chaplain indicated that the
applicant came to him for counseling after she had gone absent without
leave (AWOL) after being raped during a field exercise.  The chaplain
stated that after being raped, the applicant fled from the field site and
that the assault had left her feeling insecure and helpless.

6.  The chaplain further stated the applicant’s rape resulted in her
suffering psychological damage that was documented in treatment records at
Darnell Army Hospital.  However, by the time the applicant went to the
hospital, there was no physical evidence available to confirm the rape.
He further stated that the thought of going to the field again frightened
the applicant and placed in her in a state of alarm and panic, which
resulted in her contacting his office for assistance.   The chaplain
finally recommended that the applicant should be given the highest
consideration concerning her welfare and not be sent to the field for the
remainder of her enlistment in order to prevent any further undue emotional
hardship.

7.  On 2 May 1980, the applicant was notified by her unit commander’s
intention to initiate her separation for unsuitability (apathy, defective
attitudes, or inability to expend effort constructively).  The unit
commander stated that the applicant had a real or imagined aversion to
performing duties in the field and did not go to the field during numerous
exercises.  The unit commander referred to the statement from the chaplain
that explained the basis for the alleged feelings.  The unit commander
indicated the applicant was not deployable as long as she maintained her
attitude toward field duty and was of no use to the unit.

8.  The applicant consulted with legal counsel and was advised of the basis
for the contemplated separation and its effects and of the rights available
to her.  Subsequent to counseling, the applicant waived her right to have
her case considered by a board of officers and her right to a personal
appearance before a board of officers.  She also waived representation by
counsel and elected not to submit a statement in her own behalf.

9.  On 27 May 1980, the separation authority approved the applicant’s
separation and directed she receive an honorable discharge.  On 6 June
1980, the applicant was discharged accordingly.  The separation document
(DD Form 214) she was issued shows the authority for her separation was
paragraph 13-4c,
Army Regulation 635-200 and that the reason for her separation was
“Unsuitability-apathy, defective attitude, or inability to expend effort
constructively”.  This document also shows she held the rank of SP4 and had
completed a total of 2 years, 7 months and 17 days of creditable active
military service at the time of her discharge.

10.  There is no indication in the record that the applicant applied to the
Army Discharge Review Board for a change to the narrative reason for her
discharge within its 15-year statute of limitations.

11.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 13, in effect at the time,
provided the authority for the separation of enlisted personnel for
unsuitability based on apathy, defective attitude, or inability to expend
effort constructively.  Members separated under these provisions could
receive either an honorable or general discharge.

12.  Paragraph 5-3 of Army Regulation 635-200 provides guidance on
separation by reason of Secretarial Authority.  It states, in pertinent
part, that this authority may be used when no other provision of this
regulation applies, and early separation is clearly in the best interest of
the Army.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that there were personal problems that impaired
her ability to serve and that the narrative reason for her separation has
negatively impacted her subsequent civilian career were carefully
considered.

2.  Although the applicant’s separation processing was accomplished in
accordance with the applicable regulation and her rights were fully
protected throughout the separation process, there are equity issues that
merit consideration in this case.
3.  The evidence of record confirms the applicant’s service was honorable
and that prior to the rape incident she alleges, her performance was
sufficiently good to warrant her being recommended for promotion and placed
on the promotion standing list.  Given the applicant’s overall record of
honorable service and the mitigating personal issues surrounding her
aversion to field duty, it would serve the interest of compassion and
equity to grant the requested relief.

4.  In view of the facts of this case, it would be appropriate to correct
the applicant’s record to show she was separated under the provisions of
paragraph 5-3, Army Regulation 635-200, by reason of Secretarial Authority.


BOARD VOTE:

___CD __  ___JSN _  __LE   __  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by amending her 6 June 1980 DD Form 214
as follows:  Item 25 (Separation Authority) - delete the current entry and
replace it with the entry “Paragraph 5-3, Army Regulation 635-200” and Item
28 (Narrative Reason for Separation) - delete the current entry and replace
it with the entry “Secretarial Authority”; and by providing the applicant a
corrected separation document that includes these changes.




            ___John N. Slone________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004125                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/03/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1980/06/06                              |
|DISCHARGE AUTHORITY     |AR 6535-200                             |
|DISCHARGE REASON        |Unsuitability                           |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  189  |110.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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