IN THE CASE OF:	  

		BOARD DATE:	  23 June 2011

		DOCKET NUMBER:  AR20100028468 


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 reconsideration of her request to upgrade her discharge under other than honorable conditions.

2.  She states the misappropriation of her temporary duty pay (TDY) of $3,475.00 was returned to the government and she was not paid for the remainder of her time in service.  She maintains that she was "coerced into taking a discharge due to the hostile working environment in [her] battalion."  She argues that in the Board's Record of Proceedings there was no discussion of the assault or of her rape by a senior noncommissioned officer.  She offers that the evidence shows she was absent without leave (AWOL), but the fact that she was suicidal was not considered.  She opines that she was a victim and if she had gone to Honduras, she would have died.

3.  She provides medical documents that were not considered in her original application.

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 AR20090020598 on 15 June 2010.

2.  The applicant's emergency care and treatment form shows she was seen at Blanchfield Army Community Hospital at 0923 on 6 November 1993 as a victim of sexual assault.  The examining physician reported the applicant alleged she was sexually assaulted at 0600 that morning.  The military police, Criminal Investigation Command, and rape crisis volunteer were notified and present during her visit.

3.  On 22 November 1993, she was seen at the Troop Medical Clinic for several complaints.  However, she reported that they were not her main problems as she was a victim of sexual assault on 6 November 1993 and had received counseling by the social worker weekly.  The physician stated the applicant had no desire to see another mental health counselor at this time, but she was depressed and needed time to work through her problems.

4.  In February 1994, she was hospitalized for 2 days and diagnosed with an "adjustment disorder with depressed mood."

5.  On 11 February 1994, charges were preferred against her for being AWOL and missing movement.  On 15 March 1994, she consulted with counsel and voluntarily requested discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.  She acknowledged she was making the request of her own free will and had not been subjected to coercion whatsoever by any person.  She waived her rights and did not submit a statement in her own behalf.  Additionally, she declined a medical examination and there is no copy of a mental examination contained in her available records.

6.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service at any time after court-martial charges were preferred.  Commanders would ensure that an individual was not coerced into submitting a request for discharge for the good of the service.  Consulting counsel would advise the member concerning the elements of the offense or offenses charged, the type of discharge normally given under the provisions of this chapter, the loss of Department of Veterans Affairs benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge.  A discharge under other than honorable conditions would normally be directed for an individual who was discharged for the good of the service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that her discharge should be upgraded because her mental state resulting from her assault and rape led to her indiscipline was considered.  However, there is no evidence and she has not provided any to show her mental state was such that it required continuous counseling and/or treatment from health professionals.  In fact, the evidence of record shows she was offered additional counseling on 22 November 1993 during the month of the alleged assault/rape, but she declined the offer and stated she did not desire to see another mental health counselor at that time.

2.  There is no evidence and she has not provided any to show she was "coerced into taking a discharge due to the hostile working environment in [her] battalion."  The evidence of record shows she voluntarily requested discharge for the good of the service in lieu of trial by court-martial and acknowledged she was making the request of her own free will and had not been subjected to coercion whatsoever by any person.  She was also given the opportunity to submit a statement on her behalf, but she declined.

3.  Further, the fact that she repaid her debt for misappropriation of her TDY pay is not sufficient justification to grant her request.  She must show her discharge was rendered in error or unjust, which she has failed to do.

4.  The overall merits of this case, including her argument, are insufficient as a basis to reverse the previous decision.

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 the overall merits of this case are 

insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090020598, dated 15 June 2010.



      _____________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.

ABCMR Record of Proceedings (cont)                                         AR20100028468



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100028468



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1