RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            07 SEPTEMBER 2006
      DOCKET NUMBER:   AR20060001965


      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. Deyon D. Battle               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Susan Powers                  |     |Chairperson          |
|     |Mr. Jonanthan Rost                |     |Member               |
|     |Mr. David Haasenritter            |     |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 five separate applications, in effect, that
her records be corrected to show that she was discharged by reason of
physical disability.

2.  The applicant states that she was in a mental hospital while she was on
active duty at Fort Bliss, Texas.  She states that she was diagnosed with
Bi-polar Depression and that she was forced out of the military without
medical help or medication for her condition.  She states that forcing her
out of the Army was unjust and that outside of her mental problems, she is
also experiencing lower and mid back problems, problems with both of her
knees, problems with her right ankle, headaches, and problems with her
neck.  She states that she lost her rank behind malfeasance from both of
her units and supervisors.  She states that she will receive a medical
discharge from this Board and that she will receive the benefits of her
original contract so help her God.  The applicant continues by stating that
she will not allow this Board to treat her as a person with little to no
intellect.  She states that she was denied her first amendment rights by
her supervisors, and that she was denied her right to file Inspector
General (IG) complaints against her supervisor for sexual harassment that
she underwent from 16 individuals.  She states that she wants the military
to honor her original contract which includes $18,222.00 for her school
loans and $5,000.00 for her incentive bonus.

3.  The applicant provides in support of her application, copies of
documents currently maintained in her Official Military Personnel File.

CONSIDERATION OF EVIDENCE:

1.  On 19 December 2003, she enlisted in the United States Army Reserve
(USAR) in Los Angeles, California, for 8 years, under the Delayed Entry
Program, in the pay grade of E-4.  On 6 January 2004, she enlisted in the
Regular Army for 1 year and 32 weeks, under the provisions of the National
Call to Service Program (NCSP).

2.  Her Statement for Enlistment, which she signed at the time of her
enlistment, indicates that she understood that as a participant in the
NCSP, she was entitled to receive an incentive bonus in the amount of
$5,000.00 to be paid at the completion of active duty or reenlistment on
active duty; and repayment of


eligible student loans up to a maximum of $18,000.00 at the completion of
active duty or reenlistment on active duty.  The applicant indicated that
she understood that repayment of her student loans was condition upon
successful and honorable completion of her active duty service commitment
of 15 months after completion of initial active duty for training.

3.  The available records indicate that on 28 March 2005, the applicant was
involved in an automobile accident in Tucson, Arizona, which was outside of
the 250 mile pass radius; and that she failed to submit a pass request to
go outside the mileage radius.  The applicant contended that she did not
realize how far Tucson, Arizona was.

4.  Nonjudicial punishment was imposed against the applicant on 4 April
2005, for failure to go at the time prescribed to her appointed place of
duty on 28 March 2005; for failure to go to her appointed place of duty on
29 March 2005; for disobeying a lawful order on 28 March 2005, to submit a
mileage pass or not to travel outside the 250 mile radius; for failure to
obey a lawful order on 25 March 2005, by driving her privately owned
vehicle outside of the 250 mile travel radius; for making a false statement
on 29 March 2005, by stating that she was in New Mexico when her car
accident took place; and for making a false statement on 29 March 2005, by
stating that she was within a 250 mile radius when her car accident took
place.  Her punishment consisted of a reduction in pay grade, a forfeiture
of pay, restriction, and extra duty.

5.  On 15 April 2005, the applicant was notified that she was being
recommended for separation from the Army under the provisions of Army
Regulation 635-200, chapter 14, for a pattern of misconduct, had been
initiated.  The commander cited a company grade Article 15 that she was
furnished for writing a check to Fort Bliss Auto Detail and failing to
maintain sufficient funds in her bank for payment for such check; a company
grade article 15 that she was furnished for two counts of failing to go at
the prescribed time to her appointed place of duty; disobeying an order
from a noncommissioned officer (NCO) disobeying the battery leave pass
policy by traveling outside the 250 mile radios without a pass; making a
false statement; supplemental proceedings under Article 15 for failure to
go to her appointed place of duty; and numerous other counseling for
misconduct that was prejudicial to good order and military discipline, as a
basis





for the recommendation.  The commander also indicated that her counselings
include failing to report to duty numerous times; violating orders from
NCOs; and disrespect toward NCOs and officers.  The commander informed the
applicant that he was recommending that she receive a general discharge and
that if she was recommended for a discharge under other than honorable
conditions, the Commander, United States Army Air Defense Artillery Center
and Fort Bliss, would make the final decision on her case.

6.  The applicant acknowledged receipt of the notification on 16 April
2005.  Accordingly, on 4 May 2005, the applicant was discharged, under
honorable conditions, under the provisions of Army Regulation 635-200,
chapter 14, due to misconduct.  She had completed 1 year, 3 months and 29
days of net active service.

7.  The available records fail to show that the applicant sustained an
injury while she was in the Army that warrant her being processed for
discharge through medical channels.

8.  On 5 December 2005, the Army Discharge Review Board (ADRB) upgraded the
applicant discharge from under honorable conditions to fully honorable.
The ADRB also changed her separation authority to Army Regulation 635-200,
paragraph 5-3, and her narrative reason for separation to secretarial
authority.

9.  Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that
for an individual to be found unfit by reason of physical disability, he or
she must be unable to perform the duties of their office, grade, rank or
rating.

10.  Army Regulation 635-40, paragraph 2-2b, as amended, provides that when
a member is being separated by reason other than physical disability, his
or her continued performance of duty creates a presumption of fitness which
can be overcome only by clear and convincing evidence that he or she was
unable to perform his duties or that acute grave illness or injury or other
deterioration of physical condition, occurring immediately prior to or
coincident with separation, rendered the member unfit.

11.  Army Regulation 40-501, at chapter 3, provides standards for medical
retention.  Basically, members with conditions as severe as listed in this
chapter are considered medically unfit for retention on active duty.




DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records to demonstrate that the
applicant was the victim of racial prejudice, sexual harassment, or
deprived of any rights that were available to her while she was in the
Army.

2.  There is no evidence in the available records that indicates that the
applicant had a medically unfitting disability which required physical
disability processing.  Therefore, there is no basis for physical
disability retirement or separation.

3. The applicant's contentions regarding her alleged medical conditions
have been noted.  However, no medical evidence has been presented by the
applicant to demonstrate an injustice in the medical treatment received in
service, and in the absence of medical evidence to the contrary, it is
presumed that the available service records are correct as presently
constituted.

4.  The applicant's contentions regarding the incentive bonus and student
loan repayment have also been noted.  However, she breached her enlistment
agreement.  Her bonus and student loan repayment incentives were contingent
upon successful and honorable completion of her active duty service
commitment of 15 months after completion of initial active duty for
training.  The applicant failed to meet the requirement of her Statement
for Enlistment as she failed to meet her active duty obligation.
Therefore, she is not entitled to either of the requested incentives.

5.  In order to justify correction of a military record the applicant must
show 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.

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

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__DH ___  ___JR __  ___SP___  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.





                                  ______Susan Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001965                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060907                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20050504                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |CHAPTER 5-3/SECRETARIAL AUTHORITY       |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  177  |108.0000/DISABILITY SEPARATION          |
|2.  178                 |108.0100/DIAGNOSIS                      |
|3.  283                 |128.0000/PAY AND ALLOWANCES             |
|4.  297                 |128.1400/OTHER TYPES OF PAY             |
|5.                      |                                        |
|6.                      |                                        |


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