RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 March 2005
      DOCKET NUMBER:  AR20040007076


      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. Michael J. Fowler             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Leonard G. Hassell            |     |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 that her under other than honorable conditions
discharge be upgraded.

2.  The applicant states, in effect, that she was raped while on active
duty and her problems in the service stem from that event.  She states that
she did not report the attack but has been receiving psychiatric care and
is suffering from bi-polar disorder.  She further states that she had a
miscarriage and became pregnant again.  She states that she requested a
pregnancy discharge but was not given one.

3.  The applicant provides two DA Forms 3647-1 (Inpatient Treatment Record
Cover Sheet) dated 29 December 1980; a two page SF Form 510 (Nursing
Notes), with dates 28 through 29 December 1980; a SF Form 515 (Tissue
Examination) dated 29 December 1980; a Psychiatric Treatment Letter from
Behavioral Health Care, dated 5 November 2003; and a Psychiatric
Verification Letter, dated 30 June 2004.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR2003083321 on 23 September 2003.

2.  The applicant's contentions are new arguments which will be considered
by the Board.  In addition, all the evidence provided is new evidence which
will be considered by the Board.

3.  The applicant enlisted in the Regular Army on 29 November 1979.  On
12 March 1980, the applicant accepted nonjudicial punishment (NJP) under
Article 15, Uniform Code of Military Justice (UCMJ) for failure to obey a
lawful order from a noncommissioned officer (NCO).

4.  On 4 November 1980, the applicant accepted NJP under Article 15, UCMJ
for failure to go to her appointed place of duty.

5.  The applicant submitted a two page SF Form 510, with dates 28 through
29 December 1980.  This medical document shows that the applicant was
admitted and treated for abdominal pain and bleeding.

6.  The applicant submitted two DA Forms 3647-1, dated 29 December 1980.
These medical documents show that she suffered an incomplete spontaneous
abortion (miscarriage).

7.  On 3 March 1981, the applicant accepted NJP under Article 15, UCMJ for
failure to obey a lawful order from a commissioned officer.

8.  A DD Form 458 (Charge Sheet), dated 19 June 1981, shows charges were
preferred against the applicant for 11 counts of failure to go to her
appointed place of duty and three counts of disobeying a lawful order.

9.  On 19 June 1981, after consulting with counsel, the applicant submitted
a request for discharge for the good of the service under the provisions of
chapter 10 of Army Regulation 635-200 (Personnel Separations).  She
indicated in her request that she understood she could be discharged under
other than honorable conditions and furnished an Under Other Than Honorable
Conditions Discharge; that she may be deprived of many or all Army
benefits; that she may be ineligible for many or all benefits administered
by the Department of Veterans Affairs; and that she may be deprived of her
rights and benefits as a veteran under both Federal and State law.  She
also acknowledged that she may expect to encounter substantial prejudice in
civilian life because of an Under Other Than Honorable Conditions
Discharge.  She did not submit a statement on her behalf.

10.  On 30 June 1981, the applicant's MDA Form 355 (Mental Status
Evaluation) was received at the Staff Judge Advocate Office, Fort Hood,
Texas.  This medical document shows she underwent a mental evaluation by a
medical physician that determined that she could distinguish right from
wrong and that she possessed sufficient mental capacity to understand and
participate in administrative or judicial proceedings.

11.  On 14 July 1981, the appropriate authority approved the applicant's
request for discharge.  On 22 July 1981, she was discharged under the
provisions of Army Regulation 635-200, with an under other than honorable
conditions discharge, by reason of "Administrative discharge conduct
triable by court-martial."  She had completed 1 year, 7 months, and 24 days
of creditable active service with no days of lost time.

12.  On 24 February 1987, the Army Discharge Review Board (ADRB) denied the
applicant’s request to upgrade her discharge.

13.  The applicant submitted a Psychiatric Treatment Letter from a
psychiatrist at Behavioral Health Care in Fayetteville, North Carolina,
dated 5 November 2003.  The author states the applicant has been receiving
treatment since 1998 and was diagnosed with schizoaffective disorder,
bipolar subtype.

14.  The applicant submitted a Psychiatric Verification Letter from a
licensed counselor in Killeen, Texas, dated 30 June 2004.  The author of
the letter remembered that the applicant had been treated for
schizophreniform disorder while she lived in the area and that she may have
been seen by as many as two doctors.

15.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
in pertinent part, that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may, at
any time after the charges have been preferred, submit a request for
discharge for the good of the service in lieu of trial by court-martial.
The request may be submitted at any time after charges have been preferred
and must include the individual's admission of guilt. An under other than
honorable conditions discharge is normally considered appropriate.

16.  Army Regulation 635-200, paragraph 3-7, 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 (emphasis
added), or is otherwise so meritorious that any other characterization
would be clearly inappropriate.

17.  Army Regulation 635-200, paragraph 3-7, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently
meritorious to warrant an honorable discharge.  A characterization of under
honorable conditions may be issued only when the reason for the Soldier’s
separation specifically allows such characterization.

18.  Army Regulation 635-200, paragraph 8-8, provides conditions affecting
separation for pregnancy.  If during the processing for separation under
another chapter or regulation an enlisted woman is found to be pregnant,
she will not be separated under this chapter.  Separation will be
accomplished per the chapter or regulation under which separation
processing was initiated.  In such cases, a notation of pregnancy will be
made on a SF Form 88 (Medical Record - Report of Medical Examination).  An
enlisted woman under investigation, court-martial charges, or sentence of
court-martial who is certified by a physician on duty at an Armed Forces
medical treatment facility to be pregnant may be separated under this
chapter.  However, she must have the written consent of the commander
exercising general courts-martial jurisdiction over the enlisted woman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was found mentally qualified for separation during her
separation proceedings.  The Psychiatric Verification Letter and
Psychiatric Treatment Letter that she provided shows she was diagnosed with
schizophrenia disorder but the letters are dated more than 20 years after
her discharge.  There is no evidence in these documents that show the
disorder rendered her mentally incapable or irresponsible at the time of
the misconduct which led to her discharge.

2.  The applicant presented medical evidence that shows she was treated for
a miscarriage at a military medical facility after she had been given two
Article 15s. She provided no evidence to show her misconduct started after
her alleged rape.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ WDP _  _RJW___  __ LGH  _  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 to amend the decision of
the ABCMR set forth in Docket Number AR2003083321 dated 23 September 2003.




                                  _ Mr. William D. Powers _
                                              CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040007076                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |31 March 2005                           |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Chun                                    |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]