RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 October 2005
      DOCKET NUMBER:  AR20050000100


      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             |
|     |Ms. Rosa M. Chandler              |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. Laverne V. Berry              |     |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
(UOTHC) discharge be upgraded to a general discharge (GD) under honorable
conditions.

2.  The applicant states, in effect, that to protect herself, she was
forced to leave her unit in an absent without leave (AWOL) status to avoid
further abuse from a drill sergeant.

3.  The applicant provides:

      a.  A self-authored letter, dated 20 January 2001, in which she states
a sergeant in her chain of command was abusive towards her, using
inappropriate behavior and inappropriate language towards her.  She was
forced to stand at ease for 30 minutes, after which she passed out and
injured her head.  She went to a civilian hospital for treatment in the
middle of the night.  Upon returning to the unit the next morning, she was
told to report to the first sergeant.  The first sergeant told her to
forget what happened and go to training.  The accident was never reported.
She went to the chaplain and complained that she was being abused by a
sergeant.  Upon returning to the unit, the commander, first sergeant and
the sergeant about whom she had complained were waiting for her.  They
screamed at her and demanded that she deny her accusations by saying she
had made the whole thing up.  She was terrified and the next morning she
took a cab from Fort Lee, Virginia to Virginia Beach, Virginia.  From
there, she took a bus to Houston, Texas and reported to a women's shelter.
She took on an assumed name and changed her appearance.  She was afraid the
military would look for her at her mother's home.  Three days later, an ex-
boyfriend came to get her.


      b.  A letter written by the applicant's mother, dated 2 April 2001.
The applicant's mother states the applicant called her the night before she
left the unit AWOL and complained that an individual in the unit had
behaved inappropriately towards her.  The individual had spoken
inappropriately to the women; he made it difficult for them and he had been
abusive to them.  The applicant's mother states the applicant told her that
the individual had inappropriately touched her.  The individual told the
applicant he believed she was suicidal which the applicant stated that she
was not.  The applicant complained to the chaplain and members of the chain
of command became ugly and threatening.
c.  A copy of her DD Form 214 (Certificate of Release or Discharge from
Active Duty).


      d.  Medical records, dated between 1998 and 2003.


      e.  Family Violence Program Registration Forms, dated July 1998.

CONSIDERATION OF EVIDENCE:

1.  On 23 February 1998, the applicant enlisted in the Delayed Entry
Program (DEP).  On 8 April 1998, she was discharged from the DEP and she
enlisted in the Regular Army for 4 years and training in military
occupational specialty (MOS) 77F (Petroleum Specialist).  On 12 June 1998,
she was assigned to Fort Lee for advanced individual training in MOS 77F.

2.  The applicant left Fort Lee in an absent without leave (AWOL) status
from
16 July 1998 to 17 May 1999 until she was apprehended by civilian
authorities and returned to military control at the Personnel Control
Facility (PCF), Fort Sill, Oklahoma.  On 23 May 1999, charges were
preferred against the applicant for this period of AWOL.

3.  On 27 May 1999, the applicant consulted with legal counsel and
requested discharge under the provisions of chapter 10, Army Regulation 635-
200 for the good of the service in lieu of trial by court-martial.  She
authenticated a statement with her signature acknowledging she understood
the ramifications and effects of receiving an UOTHC discharge and she
declined to submit a statement in her own behalf.  She also declined a
separation physical examination.

4.  On an unknown date, the commander at the PCF recommended approval of
the applicant's request with an UOTHC discharge.  The commander cited as
the basis for his recommendation that the applicant had become
disillusioned with the military and that retention of the applicant would
not be in the best interest of the Army.

5.  On an unknown date, the Chief, Criminal Law Division, reviewed the
applicant's request for discharge and found it to be legally sufficient.

6.  On 22 September 1999, the approval authority approved the applicant's
request for discharge under the provisions of chapter 10 and directed that
she be separated with an UOTHC discharge.
7.  The applicant's DD Form 214 shows that on 15 October 1999, she was
separated under the provisions of chapter 10, Army Regulation 635-200 with
an UOTHC discharge in lieu of trial by court-martial.  She had completed 8
months and 2 days of active military service and she had 306 days of lost
time, due to being AWOL.

8.  On 7 November 2002, the Army Discharge Review Board denied the
applicant’s request for an upgrade of her discharge.

9.  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
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.
Although, an honorable or general discharge was authorized, an UOTHC
discharge was then considered appropriate.

10.  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.  The U.S. Court of Appeals, observing
that applicants to the Army Discharge Review Board (ADRB) are by statute
allowed 15 years to apply there, and that this Board's exhaustion
requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens
that filing period, has determined that the
3 year limit on filing to the Army Board for Correction of Military Records
(ABCMR) should commence on the date of final action by the ADRB.  In
complying with this decision, the ABCMR has adopted the broader policy of
calculating the 3-year time limit from the date of exhaustion in any case
where a lower level administrative remedy is utilized.

DISCUSSION AND CONCLUSIONS:

1.  The date of application to the ABCMR is within 3 years of the decision
of the ADRB; therefore, the applicant has timely filed.

2.  The applicant voluntarily requested an administrative separation under
the provisions of chapter 10, Army Regulation 635-200 to avoid trial by
court-martial.  There is no indication that the request was made under
coercion or duress.

3.  Both the applicant's reason for discharge and the characterization of
her service were appropriate considering the facts surrounding the
discharge.

4.  The available evidence does not indicate the applicant was abused by
anyone in her chain of command.  If the applicant felt that she was in
danger she had the responsibility to return to the chaplain for assistance,
report to authorities further up her chain of command or she could have
reported to authorities outside of her chain of command.  Leaving the unit
in an AWOL status was not a viable option.

5.  The applicant had many legitimate avenues through which to obtain
assistance with her problems without committing the misconduct which led to
the separation action under review.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__clg___  __rtd___  __lvb___  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.




                                        Curtis L. Greenway
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000100                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051006                                |
|TYPE OF DISCHARGE       |(UTOHC)                                 |
|DATE OF DISCHARGE       |19991015                                |
|DISCHARGE AUTHORITY     |AR635-200, Chap 10                      |
|DISCHARGE REASON        |A60.00                                  |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144.6000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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