IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20080005428 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, correction of her records to show she was issued an honorable discharge for the period of her military service from 1985 to 1988.  She also requests full benefits and entitlement to health care for service-connected disabilities.

2.  The applicant states, in effect, that she was not aware that she was in an absent without leave (AWOL) status or that she was dropped from the rolls (DFR) as a deserter.

     a.  The applicant states that the stress she endured from her first sergeant during her training was so intense that it caused her serious mental problems. She also states she was told by the first sergeant that she would never complete the field training exercise (FTX), graduate from training, or be reassigned to her next duty station.  She further states that she was assaulted, which caused amnesia and blocked her memory, she never knew she was AWOL, and would never go AWOL.

     b.  The applicant states she initially entered active duty in the U.S. Army in 1974 and was trained as a military policeman (MP).  She was subsequently discharged based on personal hardship and received an honorable discharge.  She then entered the U.S. Army Reserve (USAR) for 3 months.  The applicant states she enlisted in the U.S. Air Force (USAF) Reserve, entered active duty in the USAF, completed advanced individual training, and was awarded military occupational specialty (MOS) 64550 (Inventory Management Specialist).  The applicant adds that she was honorably discharged and transferred to the USAF Reserve.

      c.  The applicant states that she continued to serve in the USAF Reserve and then transferred to the USAR (Individual Ready Reserve (IRR)) so that she could reenter active duty in the Army and eventually retire.  She states that she held several MOS, had a secret security clearance, was in good health, and never had any physical problems, mental problems or depression.  The applicant states that she eventually was offered the opportunity to enlist for a 3-year period.

     d.  The applicant describes her experience in reporting in her unit and states that the first sergeant yelled at and embarrassed her in front of the company, told her she would not remain in the unit for long and, if she did, she would regret staying in the company.  The applicant describes the actions of her first sergeant and adds his threats, harassment, and humiliation continued on a daily basis. 

     e.  The applicant states that she was 44 years old at the time, the doctor put her on physical profile, and she was not supposed to go on the FTX, but the first sergeant made her go on the FTX anyway.  The applicant adds that the first sergeant continued yelling at her everyday and she feared that he would hurt or kill her.  The applicant adds, in effect, that she told her parents about the situation, but they did not understand and advised her to finish her training so that she could be reassigned to her next duty station.

     f.  The applicant states that she wrote to her congressman, senator, and the president, but this only made matters worse.  She states that she then submitted a complaint against the first sergeant to the Inspector General (IG) and was told by the IG that many other young Soldiers had also filed complaints against the first sergeant, but were not willing to testify against him.  The applicant states that her father borrowed money for her to get back into the military and her mother was on the verge of a nervous breakdown, so she decided she could not take the risk and testify against the first sergeant either.

     g.  The applicant states, “[a]nyway, after the congressional started all hell broke loose and I became a POW [prisoner of war] and I thought it was bad before, then it became pure hell.”  The applicant states that the first sergeant gave instructions not to award the applicant her diploma at the graduation ceremony and he also informed her next duty station that she had failed.  She adds that she “had hit the deep and [she] was numb.”  She states that she signed out of the company, went to a motel in town, and only the first sergeant and charge of quarters (CQ) knew she was there.  The applicant states “that night [on 1 May 1985, she] was assaulted by 3 men, beat up, sexually assaulted, had a weapon helt (sic) to [her] head and told over and over [she] was going to die.”
     h.  The applicant states that she sent a letter to Ms. Joan E____ at the U.S. Army Enlisted Records and Evaluation Center (USA EREC), Fort Benjamin Harrison, Indiana, describing her situation, she received a letter back stating all was taken care of, her records were corrected, and she received an honorable discharge.

     i.  The applicant concludes by stating that the first sergeant set out to break her completely and he did.  She also states, “I lost my husband, my house, everything, my state of mind, my life, relationships.”  Consequently, the applicant states her “record should be corrected because of the magnitude and intensity of the trauma/assault, which resulted in her subsequent amnesia and block of memory.”  She concludes by stating that she feels the injustice she has suffered is due to military officials and her records should be corrected.

3.  The applicant provides a 16-page self-authored statement (14 of the 16 pages on VA Forms 21-4138 (Statements in Support of Claim), dated 28 February 2008; handwritten letter from Mrs. Florence J______/B_____, dated 12 February 2003; handwritten letter from Ms. Kathy J______, dated 10 February 2003;
DD Form 214 (Report of Separation from Active Duty), with an effective date of
5 September 1975; 2 DD Forms 256A (Honorable Discharge Certificate), dated
5 September 1975; 2 DA Forms 87 (Certificates of Training), both undated; TRADOC Form 578-R (Individual Training Record), undated; FGMPS Form
49 (Military Police School Diploma), dated 13 February 1975; Headquarters, Fort Sheridan, Fort Sheridan, Illinois, Letter Orders Number 3-312, dated 12 March 1975, subject: Temporary Duty - Guard Escort; 2 DD Forms 256AF (Honorable Discharge Certificate), dated 27 January 1977; 2 NGB Forms 55a (Honorable Discharge Certificate), dated 31 March 1977; Headquarters, Office of The Adjutant General, Reserve Components Personnel and Administration Center, St. Louis, Missouri, Orders 11-1063305, dated 28 November 1981; 2 DD Forms 256A (Honorable Discharge Certificate), dated 8 December 1981; Headquarters, U.S. Army Reserve Personnel Center, St. Louis, Missouri, Orders R-01-000285, dated 30 January 1985; FJ Form 8-1 (U.S. Army Training Center, Fort Jackson, South Carolina Diploma), dated 30 April 1985; DD Form 256A (Honorable Discharge Certificate), dated 16 August 1988; Headquarters, U.S. Army Reserve Personnel Center, St. Louis, Missouri, Orders D-08-061759, dated 17 August  1988; Applicant’s letters, dated 7 March 1985, 11 March 1985, and 1 April 1985; United States Senate, Washington, District of Columbia (DC), letter, dated
22 April 1985; with applicant’s letter, dated 15 March 1985, and related correspondence; petition, dated 1 May 1985; Headquarters, Office of The Inspector General, Assistance Division, Washington, DC, letter, dated 29 May 1985; Department of Veterans Affairs (VA), letter, dated 19 April 1990; Colorado Springs Vet Center, Colorado Springs, Colorado, Treatment Summary, dated
10 December 1990 and 14 November 1991; 3-page list of document the applicant sent the Department of VA, undated; 2 VA Forms 21-4138 (Statements in Support of Claim), dated 2 April 1993, with continuation page; 5 handwritten letters, dated 19 September 1991, 2 undated, 19 October 1995, and 24 October 1995; Department of the VA, AMF O’Hare, Illinois, letter, dated 24 January 1997 with allied documents; State of Illinois, Department of VA, Springfield, Illinois, letter, dated 22 October 1998 with enclosures; 5-page letter, dated 28 September 2001; Department of VA, Board of Veterans’ Appeals, Washington, DC, letter, dated 25 March 2002; Department of VA, Chicago VA Regional Office, Chicago, Illinois, letter, dated 9 August 2002; Congress of the United States, House of Representatives, Washington, DC, letter, dated 20 August 2002 with Department of the VA reply, dated 12 August 2002; Progress Note, dated 1 May 2007; Department of VA, Tennessee Valley Healthcare System, Nashville, Tennessee, letter, dated 23 July 2007; 5 VA Forms 21-4138 (Statements in Support of Claim), dated 20 November 2007; Progress Note, dated 13 February 2008; and Department of VA, Extract from 38 Consolidated Federal Regulation (CFR) 3.12.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military service records show that she enlisted in the U.S. Army Reserve (USAR) on 1 June 1974 and entered active duty in the Regular Army (RA) for a period of 3 years on 7 August 1974.  Upon completion of basic combat training and advanced individual training (AIT), she was awarded military occupational specialty (MOS) 95B (Military Police).  On 25 August 1975, the applicant submitted a request for hardship discharge, which was approved on
2 September 1975.

3.  The applicant’s military service records contain a DD Form 214 (Report of Separation).  This document shows that the applicant was honorably discharged under the provisions of Army Regulation 635-200, paragraph 6-13b, effective
5 September 1975.  At the time, the applicant was credited with completing
1 year, 0 months, and 28 days net active service and 0 years, 2 months, and
6 days prior inactive service.

4.  The applicant’s military service records contain a National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service).  This document shows that the applicant served in the USAF Reserve from 9 December 1975 through 27 January 1977.  This document also shows that she enlisted in the Army National Guard (ARNG) of Kentucky and as a Reserve of the Army for a period of 6 years on 16 February 1978.  This document further shows that she served in MOS 95B (Military Policeman) and attained the rank of private first class (PFC)/pay grade E-3.  The NGB Form 22 also shows the applicant was discharged with a character of service of “General,” effective 3 July 1978.  At the time, she was credited with completing 0 years, 4 months, and 17 days net service this period; 3 years, 5 months, and 12 days prior service; and 3 years,
9 months, and 29 days total service for pay.

5.  The applicant’s military service records contain a copy of Headquarters, Office of The Adjutant General (TAG), Reserve Components Personnel and Administration Center (RCPAC), St. Louis, Missouri, Orders 11-1063305, dated 28 November 1981, that show the applicant was honorably discharged from the USAR (Ready Reserve), effective 8 December 1981.

6.  The applicant’s military service records contain a copy of Headquarters, Office of TAG, U.S. Army RCPAC, St. Louis, Missouri, Orders 11-1063305-R, dated
8 March 1982, that revoked Headquarters, TAG, RCPAC, Letter Orders Number 11-1063305, dated 28 November 1981, pertaining to the honorable discharge of the applicant from the USAR, effective 8 December 1981.

7.  The applicant’s military service records contain a copy of Headquarters, USAR Personnel Center, St. Louis, Missouri, Orders R-01-000285, dated
30 January 1985, that show the applicant was ordered to active duty in an Active Guard/Reserve (AGR) status for a period of 3 years, effective 11 February 1985. These orders also show that the applicant was ordered to active duty in the rank of specialist four (SP4)/pay grade E-4 and to report temporary duty en route to attend the Administrative Specialist course, MOS 71L2O, Class 019, at Fort Jackson, South Carolina, from 11 February 1985 to 27 April 1985.  The orders also show that, upon completion of the training, the applicant was to report to the 306th Field Hospital, Memphis, Tennessee on 28 April 1985 for duty as AGR/USAR clerk typist.

8.  The applicant’s military service records contain 8 DA Forms 4856-R (General Counseling Forms) documenting several counseling sessions of the applicant by 3 different noncommissioned officers on 7 March 1985, 8 March 1985, 8 March 1985, 23 April 1985, 25 April 1985, and 26 April 1985.  The DA Forms 4856-R document that the applicant was counseled on her failure to use proper sick call procedures; duties and responsibilities while in a training environment, general performance; her conduct, military courtesy, motivation, self-discipline, and attitude; failure to repair to her place of duty; and violation of the policy of driving a privately owned vehicle (POV) on post.

9.  The applicant’s military service records contain a copy of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 26 April 1985.  This document shows that non-judicial punishment was imposed by the company commander against the applicant for, on or about 0100 hours, 21 April 1985, without authority, absenting herself from her unit, to wit: Company B,
14th Battalion, 4th Combat Support Training (CST) Brigade, Fort Jackson, South Carolina, and remaining absent until on or about 0700 hours, 21 April 1985; in violation of Article 86, UCMJ.  The punishment imposed was forfeiture of
$192.00 per month for 1 month, 14 days restriction, and reduction to pay grade E-3 (suspended for 30 days).

10.  The applicant’s military service records contain a copy of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 29 April 1985.  This document shows that non-judicial punishment was imposed by the company commander against the applicant for, having knowledge of a lawful order issued by the Commander, Company B, 14th Battalion, 4th CST Brigade to put her truck in storage and not to drive it until she graduated, an order which it was her duty to obey, did, at Fort Jackson, South Carolina, on or about 25 April 1985, fail to obey the same by driving her POV on post; in violation of Article 92, UCMJ.  The punishment imposed was forfeiture of $224.00 per month for 1 month.

11.  The applicant’s military service records contain a copy of a DA Form 4187 (Personnel Action), dated 17 May 1985.  This document shows, in pertinent part, that the applicant’s duty status was changed from present for duty (PDY) to absent without leave (AWOL), effective 0001 hours, 3 May 1985.

12.  The applicant’s military service records contain a copy of Headquarters, Company B, 14th Battalion, 4th CST Brigade, Fort Jackson, South Carolina, letter, dated 17 May 1985, that shows, in pertinent part, that the applicant’s company commander notified Mister Bill J______ (i.e., the applicant’s father) that the applicant was AWOL from her organization since 3 May 1985 and asked him to urge his daughter to return to military control.

13.  The applicant's military service records contain a DD Form 458 (Charge Sheet), dated 28 May 1985, that shows charges were preferred against the applicant by the company commander with the specification that the applicant did, on or about 3 May 1985, without authority, absent herself from her unit, to wit: Company B, 14th Battalion, 4th Combat Support Training Brigade, located at Fort Jackson, South Carolina, and did remain so absent until on or about [a date to be determined].

14.  The applicant’s military service records contain a copy of a DA Form 4187 (Personnel Action), dated 30 May 1985.  This document shows, in pertinent part, that the applicant’s duty status was changed from AWOL to dropped from the rolls (DFR) of the unit, effective 0001 hours, 2 June 1985.

15.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Enlisted Records and Evaluation Center, Fort Benjamin Harrison, Indiana, Orders 46-3, dated 23 May 1988.  These orders show that the applicant was dropped from the rolls of the Army, effective 23 May 1988, and the authority was by direction of the Secretary of the Army pursuant to Army Regulation 630-10.

16.  The applicant’s military service records contain a copy of Headquarters, U.S. Army Reserve Personnel Center, St. Louis, Missouri, Orders D-08-061759, dated 17 August 1988.  These orders show the applicant was honorably discharged from the USAR (Ready Reserve), effective 16 August 1988, and that the authority was Army Regulation 135-178.

17.  The applicant’s military service records are absent any evidence that shows the applicant reported an assault and/or a sexual assault to civilian or military authorities.

18.  The applicant’s military service records are absent any evidence that shows the applicant reported to the 306th Field Hospital, Memphis, Tennessee, for duty as AGR/USAR clerk typist subsequent to her training at Fort Jackson, South Carolina.

19.  The applicant’s military service records are absent any evidence that shows the applicant returned to military control (RMC) or was apprehended and RMC subsequent to being reported AWOL on 3 May 1985, or after being DFR from her unit on 2 June 1985, or after being DFR from the Army on 23 May 1988.

20.  In support of her application, the applicant provides the following documents.

     a.  A 16-page self-authored statement, dated 28 February 2008, that was previously summarized and presented as the applicant’s request and statement in this Record of Proceedings.

     b.  A letter from Mrs. Florence J______/B_____, dated 12 February 2003, in which the applicant’s mother describes, in pertinent part, the applicant’s reentry into the Army in 1985, the harassment she encountered from her first sergeant at AIT and prevented her from graduating, that she was attacked and her father advised her to leave to avoid harm, and the adverse impact all this had on her daughter.

     c.  A letter from Ms. Kathy J______, dated 10 February 2003, a friend of the applicant for over 30 years.  Ms. J_______ states that the applicant did not have any marital problems nor suffer from depression prior to 1985.  She states the applicant told her about the harassment and abuse she received from her first sergeant and how he prevented the applicant from graduating from AIT, even though she had completed all the required training.  She adds the applicant was sexually attacked, threatened with a gun, and for almost 3 years nobody knew where she was.  Ms. J______ states that the applicant has become very reclusive and stopped socializing and adds that she believes someone should pay for the pain the applicant has been put through.

     d.  A DD Form 214 and 2 DD Forms 256A that show the applicant was honorably discharged from the U.S. Army, effective 5 September 1975.

     e.  2 DA Forms 87, TRADOOC Form 578-R, and FGMPS Form 49 (Military Police School Diploma) that show, in pertinent part, the applicant completed the training requirements for Basic Combat Training and the Basic Law Enforcement Course on 13 February 1975.

     f.  Headquarters, Fort Sheridan, Fort Sheridan, Illinois, Letter Orders Number 3-312, dated 12 March 1975, subject: Temporary Duty - Guard Escort, that shows, in pertinent part, the applicant was ordered to perform prisoner escort duty for approximately 2 days.

     g.  2 DD Forms 256A that show the applicant was honorably discharged from the U.S. Air Force, effective 27 January 1977.

     h.  2 NGB Forms 55a that show the applicant was honorably discharged from the Army National Guard of Colorado, effective 31 March 1977.

     i.  Headquarters, TAG, RCPAC, St. Louis, Missouri, Orders 11-1063305, dated 28 November 1981 and 2 DD Forms 256A, dated 8 December 1981, that show the applicant was honorably discharged from the U.S. Army Reserve (Ready Reserve), effective 8 December 1981.

     j.  Headquarters, USA Reserve Personnel Center, St. Louis, Missouri, Orders R-01-000285, dated 30 January 1985, that show the applicant was ordered to active duty in an AGR status for a period of 3 years, effective 11 February 1985.  (These orders were previously introduced and considered in this Record of Proceedings.)

     k.  FJ Form 8-1 (U.S. Army Training Center, Fort Jackson, South Carolina Diploma), dated 30 April 1985, that shows the applicant successfully completed the Administrative Specialist Course (MOS 71L1O).

     l.  DD Form 256A and Headquarters, USA Reserve Personnel Center,
St. Louis, Missouri, Orders D-08-061759, dated 17 August  1988, that show the applicant was honorably discharged from the USAR (Ready Reserve), effective 16 August 1988.  (These orders were previously introduced and considered in this Record of Proceedings.)

     m.  Applicant’s letters, dated 7 March 1985, 11 March 1985, and 1 April 1985, that document her writings to her mother and father.  In pertinent part, the applicant describes the difficulties concerning both her personal circumstances and military duties; states that senior noncommissioned officers, the first sergeant, and company commander want her out [of the Army]; alleges discrimination against her based on her age; asks her parents to keep all of the letters she writes and to contact her congressman, senator, and the president; and expresses concerns about her upcoming physical examination on 11 April 1985 and final typing test on 19 April 1985.  In addition, the letters contain notes in the margins in what appears to be slightly different handwriting, as follows:  “I think they want to destroy me or worse kill me.  I’m afraid to write down too much so will call.  Keep in touch.  The 1st Sgt really has it in for me.  I do not know why.” (7 March 1985); “P.S. I fear for my life, keep all paper all I send.” (11 March 1985); and “probably all my problems has caused you more stress.  P.S. Keep all I can send [and] try to write what I say when I call if again.  Can’t make it out with me so histerical (sic) [and] crying.” (1 April 1985).

     n.  United States Senate, Washington, DC, letter, dated 22 April 1985; with applicant’s letter, dated 15 March 1985, in which, in pertinent part, the applicant alleges harassment and discrimination “[and abuse]” based on her age.

     o.  A petition, dated 1 May 1985, to protest the “cruel and inhuman (sic) treatment of the applicant and unjust decision to discharge her from the Army.

     p.  Headquarters, Office of The Inspector General, Assistance Division, Washington, DC, letter, dated 29 May 1985, that advises the applicant that the President cannot reply personally to every communication and that her letter was forwarded to the Office of The Inspector General for investigation and reply.

     q.  Department of VA, letter, dated 19 April 1990; Colorado Springs Vet Center, Colorado Springs, Colorado, Treatment Summary, dated 10 December 1990 and 14 November 1991; 3-page list of documents the applicant sent to the Department of VA, undated; 2 VA Forms 21-4138 (Statements in Support of Claim), dated 2 April 1993, with continuation page; 5 handwritten letters, dated 19 September 1991, 2 undated, 19 October 1995, and 24 October 1995; Department of the VA, AMF O’Hare, Illinois, letter, dated 24 January 1997 with allied documents; State of Illinois, Department of VA, Springfield, Illinois, letter, dated 22 October 1998 with enclosures; 5-page letter written by the applicant, dated 28 September 2001; Department of VA, Board of Veterans’ Appeals, Washington, DC, letter, dated 25 March 2002; Department of VA, Chicago VA Regional Office, Chicago, Illinois, letter, dated 9 August 2002; Congress of the United States, House of Representatives, Washington, DC, letter, dated
20 August 2002 with Department of the VA reply, dated 12 August 2002; Progress Note, dated 1 May 2007; Department of VA, Tennessee Valley Healthcare System, Nashville, Tennessee, letter, dated 23 July 2007; 5 VA Forms 21-4138, dated 20 November 2007; and Progress Note, dated
13 February 2008.  This documentation provides extensive information pertaining to the applicant’s life experiences; her medical history; and medical diagnoses, treatments, progress, and interventions.  This documentation also shows that the Department of VA confirmed (on 19 April 1990) that the applicant is receiving VA benefits due to her 100 percent permanent and total disability for unemployability status.  This documentation further shows that the Department of VA advised the applicant (on 24 January 1997) of her eligibility for confidential priority counseling and treatment for sexual trauma, even if she did not report the incident when it occurred or at any time during active duty, and that she may be entitled to VA disability compensation for disabilities or injuries resulting from sexual trauma.

     r.  Department of VA, extract from 38 CFR, 3.12, that, in pertinent part, outlines the types of discharge or release from service that bar payments of benefits unless it is found that the person was insane at the time of committing the offense.  This document shows the applicant highlighted the following portion of the document, “[c]onsideration should be given to how the situation appeared to the person himself or herself and not how the adjudicatory might have reacted. Hardship or suffering incurred during overseas service or as a result of combat wounds or other service-incurred or aggravated disability is to be carefully and sympathetically considered in evaluating the person’s state of mind at the time the prolonged AWOL period began.”

21.  Army Regulation 630-10 (Personnel Absences - Absence Without Leave, Desertion, and Administration of Personnel Involved in Civilian Court Proceedings) establishes policies and procedures for reporting absences, and establishes procedures for special category absentees, personnel dropped from the rolls, and the surrender of military personnel to civilian law enforcement authorities.  Section II (Terms) of the Glossary in Army Regulation 630-10 defines dropped from the rolls of the unit as an administrative action that drops an absentee from the strength accountability of a unit and defines dropped from strength as a strength accounting procedure used to exclude personnel from the operating strength of the Army.  The Glossary defines dropped from the rolls of the Army as an administrative action further dropping a Reserve Component absentee who has been dropped from the rolls from the strength accountability of the Army and states that this severs all military status.

22.  Army Regulation 135-178 (Army National Guard and Army Reserve -  Enlisted Administrative Separations) establishes policies, standards, and procedures governing the administrative separation of certain enlisted Soldiers of the Army National Guard of the United States and the United States Army Reserve.  Chapter 2 (Guidelines on Separation and Characterization), paragraph 2-11 (Separation where service is uncharacterized), in pertinent part, provides that a Soldier may be dropped from the rolls of the Army when such action is authorized in accordance with chapter 15, section III, and a characterization of service or other description of separation is not authorized or warranted.  Chapter 15 (Separation for Other Reasons), Section III (Dropping from the Rolls), in pertinent part, provides that when a Solider is dropped from the rolls of the Army, he or she will be reduced to private/pay grade E-1 by the reduction authority, no characterization or description of service is authorized, and no discharge certificate will be issued.

23.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 3-7a, 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, or is otherwise so meritorious that any other characterization would be clearly inappropriate.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her records should be corrected to show she was issued an honorable discharge for the period of her military service from 11 February 1985 to 16 August 1988 because she was not aware that she was AWOL or in a DFR status during this period.
2.  The evidence of record shows that Headquarters, Office of TAG, RCPAC,
St. Louis, Missouri, Orders 11-1063305, dated 28 November 1981, honorably discharged the applicant from the USAR (Ready Reserve), effective 8 December 1981.  However, the evidence of record also shows that Headquarters, Office of TAG, USA RCPAC, St. Louis, Missouri, Orders 11-1063305-R, dated 8 March 1982, revoked the erroneous discharge order.  Therefore, records show that Headquarters, TAG, RCPAC, St. Louis, Missouri, Orders 11-1063305, dated
28 November 1981, are not valid.

3.  The evidence of record shows that the applicant was ordered to active duty in an AGR status for a period of 3 years, effective 11 February 1985, and that she was to attend the Administrative Specialist course (MOS 71L) at Fort Jackson, South Carolina.  These orders also show that, upon completion of the training, the applicant was to report to the 306th Field Hospital, Memphis, Tennessee on
28 April 1985 for duty as AGR/USAR clerk typist.

4.  The applicant’s military service records are absent any evidence of a report of an assault or sexual assault upon her that occurred on or about 1 May 1985.

5.  The evidence or record shows that the applicant’s duty status was changed from PDY to AWOL, effective 3 May 1985, and that she was DFR of her unit in a deserter status, effective 2 June 1985.  The evidence of record also shows that Headquarters, USA EREC, Fort Benjamin Harrison, Indiana, Orders 46-3, dated 23 May 1988, dropped the applicant from the rolls of the Army, effective 23 May 1988, and the authority was by direction of the Secretary of the Army pursuant to Army Regulation 630-10.

6.  There is no evidence of record to show that the applicant reported to the 306th Field Hospital, Memphis, Tennessee, for duty as AGR/USAR clerk typist subsequent to her training at Fort Jackson, South Carolina.  In addition, there is no record that the applicant returned to military control or was apprehended by authorities and returned to military control subsequent to being reported AWOL on 3 May 1985, or after being DFR from her unit as a deserter on 2 June 1985, or after being DFR from the Army on 23 May 1988.  Thus, in the absence of evidence to the contrary, it is determined that the applicant’s records accurately and properly show that she was dropped from the rolls of the Army, effective
23 May 1988, by direction of the Secretary of the Army pursuant to Army Regulation 630-10.

7.  The evidence of record shows that Headquarters, USA Reserve Personnel Center, St. Louis, Missouri, Orders D-08-061759, dated 17 August 1988, honorably discharged the applicant from the USAR (Ready Reserve), effective 16 August 1988, and that the authority was Army Regulation 135-178.  However, the evidence of record shows that the characterization of the applicant’s service on this order should read “uncharacterized.”  Therefore, in view of the fact that the Secretary of the Army directed that the applicant was dropped from the rolls of the Army, effective 23 May 1988, and the fact that there is no evidence the applicant returned to military control subsequent to 23 May 1988, it is concluded that Headquarters, USA Reserve Personnel Center, St. Louis, Missouri, Orders D-08-061759, dated 17 August 1988, were erroneously issued, are administratively inaccurate with respect to the applicant’s characterization of service, and therefore, they are invalid.

8.  The evidence of record shows that in her request the applicant states, “I do not have any thing at any time showing Orders 46-3.  Also, I was not aware of being AWOL - dropped from the rolls and a deserter.”  In her request the applicant also cites 38 CFR 3.12, that discusses circumstances that are to be considered by the Department of VA (emphasis added)“ in evaluating the person’s state of mind at the time the prolonged AWOL period began.”  The regulatory guidance the applicant cites applies to the Department of VA. Moreover, the regulatory guidance pertains to hardship or suffering incurred during overseas service or as a result of combat wounds or other service-incurred or aggravated disability (emphasis added).  There is no evidence that the applicant was serving overseas, was wounded in combat, or that the applicant was diagnosed by Army medical officials as having a service-incurred or aggravated disability.  Therefore, in view of the foregoing, there is insufficient evidence to support correction of the applicant’s records in this case.

9.  The applicant also contends that her records should be corrected to show she was issued an honorable discharge for the period of her military service from
11 February 1985 to 16 August 1988 so that she may receive government benefits and health care for service-connected disabilities.  Once again, there is no evidence the applicant was diagnosed by Army medical officials as having a service-incurred or aggravated disability.  Moreover, the evidence of record shows that during the period of service under review, the applicant was in an AWOL status beginning 3 May 1985, DFR of her unit in a deserter status on
3 June 1985, and DFR of the Army, effective 23 May 1988.  Thus, the applicant’s service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, she is not entitled to an honorable discharge or a general discharge under honorable conditions.  In addition, the ABCMR does not grant requests for a change or upgrade of a discharge solely for the purpose of making the applicant eligible for government benefits.


10.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, 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. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x_____  ____x____  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.




 _   _______   _x_____________
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

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