IN THE CASE OF:	  

		BOARD DATE:	  6 September 2011

		DOCKET NUMBER:  AR20110004693 


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 earlier request for upgrade of her general discharge to a fully honorable discharge.

2.  She states:

* she was written up because she complained of medical issues that were female in nature
* none of the individuals who had written her up were doctors and they could not possibly know what she was experiencing
* she had endometriosis and was in pre-diabetic stages
* her condition was overlooked and/or otherwise misdiagnosed
* she and other female Soldiers experienced sexual advances, but she did not complain because she did not want to be seen as a troublemaker
* she was written up for failure to report, tardiness, lack of motivation, and complaining, but everyone in the unit was guilty of the same
* she now suffers from Post Traumatic Stress Disorder (PTSD) and GAD [possibly Generalized Anxiety Disorder] due to the harassing behavior she was forced to endure

3.  She provides a self-authored statement.  She implies that she was providing statements from three former fellow Soldiers; however, these statements are not available for review.


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 AR20090016351 on 2 March 2010.  

2.  The applicant provided new arguments that will be considered by the Board.

3.  The applicant enlisted in the Regular Army on 22 September 1982 for a period of 3 years.  She completed training and she was awarded military occupational specialty 64C (motor transport operator).  She was assigned to the 5th Support Battalion, Fort Lewis, WA.  The highest rank/grade she attained was specialist (SPC)/E-4; however, she held the grade/grade of private first class (PFC)/E-3 at the time of her discharge.

4.  She accepted nonjudicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) on two occasions for the following offenses:

* failing to go at the time prescribed to her appointed place of duty on
25 October 1983
* willfully disobeying a lawful order from a superior noncommissioned officer (NCO) on 25 October 1983
* being disrespectful in deportment toward a superior NCO on 10 August 1984 
* treating a superior NCO with contempt by continuously arguing and yelling at him on 31 August 1984

5.  A review of her military medical documents revealed she was evaluated in November 1983 for stress involving her squad leader.  The examining physician indicated the applicant had clear mental status, but was frustrated, and she had difficulty dealing with harassment from her squad leader.  She was advised to return to duty and to consult with her first sergeant.  In April 1984, she was evaluated for pains in her lower abdomen and a possible ovarian cyst.

6.  The applicant's service record contains an extensive history of counseling by different members of her chain of command for various infractions including failing to report, being found asleep while on guard duty, sleeping in the front of a military vehicle, lack of motivation, tardiness, constant complaints from units not of her battalion about her unacceptable performance, failing to complete her assigned duties, failing to set a good example, using her illness to get out of 


training, leaving her room unsecured, multiple instances of failing to be at her appointed place of duty, improper loading of a trailer, failing to follow instructions, and misusing a government vehicle.

7.  On 29 August 1984, the applicant's immediate commander initiated a DA Form 4126-R (Bar to Reenlistment Certificate) against the applicant citing her extensive history of negative counseling and poor performance.  She was furnished a copy of this bar on the same date but elected not to make a statement in her own behalf.  The bar was ultimately approved by her battalion commander.

8.  On 5 September 1984, the applicant underwent a physical examination for separation under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel, chapter 13 for unsatisfactory performance.  The examining physician indicated in block 75 (Recommendations) of the applicant’s SF 88 that she desired a check up for possible ovarian cyst and for "growth on female part."  In block 73 (Notes) the examining physician indicated she was seen in the Gynecology Clinic on 11 September 1984 and there was no change in her condition.  She was told not to worry if any symptoms occurred (she was to be seen by own physician).  She was given a physical profile of 111121 and she was determined to be qualified for separation.

9.  On 2 October 1984, the applicant's immediate commander notified the applicant of his intent to initiate separation action against her under the provisions of Army Regulation 600-200, chapter 13.  The immediate commander cited the applicant's record of unsatisfactory performance.

10.  On 3 October 1984, the applicant acknowledged receipt of the letter of notification of separation action under the provisions of Army Regulation
635-200, chapter 13.  She consulted with legal counsel and she was advised of the basis for the contemplated separation action and its effects, the rights available to her, and the effects of a waiver of her rights.  She further indicated she understood she may expect to encounter substantial prejudice in civilian life if a general discharge was issued to her.  She submitted statements in her own behalf and stated she requested consideration for an honorable discharge for the following reasons:

* she received numerous verbal commendations for her room, wall locker, and TA-50 inspections; proper "PMCS" (preventive maintenance checks and services) procedures; upkeep of assigned vehicle; and for tours of duty
* she was awarded a Drivers Safety Badge


* she was advanced to SP4/E-4
* she was prompt in paying her bills
* she voluntarily supported her family and had no trouble with drinking or with drugs, prescription or otherwise

11.  On 3 October 1984, the applicant's immediate commander initiated a recommendation for separation of the applicant under the provisions of Army Regulation 635-200, chapter 13 by reason of unsatisfactory performance.  The immediate commander remarked that despite counseling and rehabilitation efforts by various individuals for infractions such as dereliction of duty, unsafe acts, lack of motivation, lack of concern, and poor vehicle maintenance, the applicant did not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory member.  Based on her past performance, it did not seem likely she would be able to effectively perform her duties or have potential for advancement or leadership.

12.  On 4 October 1984, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-200, chapter 13 by reason of unsatisfactory performance with a general discharge.

13.  On 22 October 1984, the applicant was discharged accordingly.  She completed 2 years, 1 month, and 1 day of creditable active service.

14.  Her service record is void of any evidence showing she was diagnosed with endometriosis or that she was in pre-diabetic stages at the time of her discharge.

15.  On 5 June 1986, the Army Discharge Review Board denied the applicant's petition for an upgrade of her discharge.

16.  Army Regulation 635-200 sets forth the requirements and procedures for administrative discharge of enlisted personnel.  Chapter 13 of this regulation, in effect at the time, provides for separation due to unsatisfactory performance when in the commander’s judgment the individual will not become a satisfactory Soldier; retention will have an adverse impact on military discipline, good order and morale; the service member will be a disruptive influence in the future; the basis for separation will continue or recur; and/or the ability of the service member to perform effectively in the future, including potential for advancement or leadership, is unlikely.  Service of Soldiers separated because of unsatisfactory performance under this regulation will be characterized as honorable or under honorable conditions.


17.  Army Regulation 635-200, 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 she was written up because she complained of medical issues that were female in nature.  However, her service record is void of evidence which supports her claim.  The evidence of record shows she received adverse counseling statements mainly in regard to her duty performance, lack of motivation, initiative, and complaints from units that were not a part of her battalion.  

2.  Her medical documents show that prior to her discharge in October 1984 competent medical authority determined she was medically qualified for separation with a physical profile of 111121.  She had been referred to the Gynecology Clinic for a possible ovarian cyst in September 1984 and the examining physician recommended that she be seen by her own physician.

3.  Her service record is void of evidence and she has not provided sufficient evidence which indicates she had endometriosis or that she was in pre-diabetic stages while she was on active duty.

4.  There is no evidence in the available records and the applicant did not provide any evidence that she was subjected to sexual advances/harassment or that she addressed such advances with her chain of command or the Equal Opportunity Office, unit chaplain, or any other available support channels.

5.  She contends she now suffers from PTSD and GAD due to the harassing behavior she was forced to endure.  Review of her medical documents show she was evaluated for stress involving her squad leader and difficulty dealing with harassment from her squad leader in November 1983.  However, no evidence is available which indicates these conditions contributed to her current diagnoses of PTSD and GAD.

6.  The applicant's service record shows she received two Article 15s, a bar to reenlistment, and an extensive history of negative counseling.  


7.  It appears the chain of command determined that her overall military service did not meet the standards for a fully honorable discharge as defined in Army Regulation 635-200 and appropriately characterized her service as general under honorable conditions.  Her service record does not indicate the actions taken in her case were in error or unjust.

8.  In view of the foregoing, there is no basis for granting the applicant's requested relief.  

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 to amend the decision of the ABCMR set forth in Docket Number AR20090016351, dated 2 March 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)                                         AR20110004693



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ABCMR Record of Proceedings (cont)                                         AR20110004693



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