IN THE CASE OF:	  

		BOARD DATE:	    27 March 2012

		DOCKET NUMBER:  AR20110019604 


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 previous request to upgrade her 1988 general discharge to an honorable discharge.

2.  The applicant states:

	a.  She requested an upgrade in 1994 but was denied for lack of evidence of domestic abuse.  She is therefore providing evidence, mainly in the form of official police reports, that she hopes will adequately support her request.

	b.  She was compelled to engage in misconduct against her will and as a result of being kidnapped, horrifically abused (physically, mentally, and verbally), and threatened (i.e., death threats against her and her family) during an ongoing abusive relationship with G____ S____.  While she does not have evidence of every incident of violence and threat against her, she does have evidence of the abduction and several incidents showing the nature and pattern of domestic abuse she had to endure during the time of the misconduct.

	c.  She would have never behaved in such a manner had G____ S____ not forced her to.  She would like an upgrade for this reason.

3.  She provides:

* timeline of events
* DA Form 2-1 (Personnel Qualification Record – Part II), pages 1, 2, and 3
* two DA Forms 4187 (Personnel Action)
* DA Form 2627-1 (Summarized Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ))
* Certificate of Appreciation
* self-authored details of circumstances supporting her abduction from post, G____ S____'s indecent exposure incident, and her abuse
* six Dallas Police Department Offense Incident Reports
* 28 documents pertaining to completion of her post-service civilian education

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 AR20090021070 on 14 September 2010.

2.  The applicant provides copies of a timeline of events; self-authored details of circumstances supporting her abduction from post, G____ S____'s indecent exposure incident, and her abuse; Dallas Police Department investigation and arrest reports; and 28 documents pertaining to completion of her post-service civilian education.  These documents are new evidence that will be considered by the Board.

3.  Her military record shows she enlisted in the Regular Army in pay grade E-3 on 2 September 1985 with prior U.S. Army Reserve enlisted service.  She held military occupational specialty 95B (Military Police).

4.  On 25 January 1988, she accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the UCMJ for failing to obey a lawful command not to have contact with her ex-boyfriend (G____ S____) and not to operate her car without insurance.  She did not appeal the NJP.

5.  Between 13 December 1987 and 10 June 1988, she received five general counseling statements for:

* a disturbance at her home between family members
* substandard performance
* failure to be at her appointed place duty
* lateness for formation

6.  On 7 October 1988, the applicant's company commander notified her of the proposed action to separate her under the provisions of Army Regulation 
635-200 (Personnel Separations – Enlisted Personnel), paragraphs 14-12b(1)(2) and 14-12c(1).  The company commander cited the specific reasons for the recommended action as:

* obstructing justice, sodomy, indecent acts, adultery
* being absent without leave (AWOL) from 24 June to 24 July 1988
* civilian arrests for assault on 8 July 1988
* two violations of disobeying her superior commissioned officer
* off-post misconduct in civilian quarters
* off-post discreditable conduct regarding damage to and uncleanliness of quarters
* numerous failures to report or being late for duty and being disrespectful to a commanding officer

7.  On 7 October 1988 after consulting with counsel, the applicant acknowledged receipt of the proposed separation action for misconduct – commission of a serious offense – under the provisions of Army Regulation 635-200, chapter 14.  She was advised of her rights.  She elected to appear before a board of officers and submit statements in her own behalf.  Her discharge package filed in her records contains no such statements.

8.  On 9 January 1989, the applicant appeared with counsel before a board of officers.  The transcript of the board contains testimony pertaining to the applicant having trouble with her boyfriend, not assisting the military with having him evicted from her civilian quarters, and disobeying orders to make no contact with him.  The board recommended the applicant's separation for misconduct and issuance of a general discharge with one dissent for the issuance of a discharge under other than honorable conditions.  The results of the board were reviewed and found legally sufficient.

9.  On 27 February 1989, the appropriate separation authority approved the discharge action and directed issuance of a General Discharge Certificate.

10.  She was discharged from active duty in pay grade E-1 on 3 March 1989 under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct – commission of a serious offense.  She was credited with completing 1 year, 5 months, and 9 days of active service with lost time from 24 June to 19 July 1988.

11.  On 13 February 1997, the Army Discharge Review Board (ADRB) denied her appeal for an upgrade of her discharge.  However, the ADRB determined the reason and authority should be changed to Army Regulation 635-200, paragraph 14-12c(2), for misconduct.  She was issued a new DD Form 214 showing she was discharged for misconduct under the provisions of Army Regulation 
635-200, paragraph 14-12c(2).

12.  She provides copies of six Dallas Police Department Offense Incident Reports, dated between 17 August 1986 and 12 July 1988.  The reports state the applicant reported she was subjected to the following acts of assault from G____ S____:

* 17 August 1986 – being pushed out of a vehicle and being kicked by him
* 6 June 1987 – minor injuries to her left index finger
* 7 August 1987 – robbery of her purse
* 7 October and 7 December 1988 – his arrest for robbery

13.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14, in effect at the time, established policy and prescribed procedures for separating members for misconduct.  Specific categories included minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, and convictions by civil authorities.  Action would be taken to separate a member for misconduct when it was clearly established that rehabilitation was impracticable or was unlikely to succeed.  A discharge under other than honorable conditions was normally appropriate.  The separation authority could direct a general discharge if such a discharge were merited by the Soldier's overall record.

14.  Army Regulation 635-200, paragraph 3-7a, states an honorable discharge was 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's contentions and documentation submitted have been carefully considered.  However, they do not support an upgrade of her general discharge to an honorable discharge.

2.  She accepted NJP under Article 15, UCMJ, for disobeying a lawful order not to have contact with her ex-boyfriend and not to operate her car without insurance.  She received five counseling statements for misconduct between December 1987 and June 1988.  Her company commander recommended her separation due to AWOL, civilian arrest for assault, indecent actions, obstruction of justice, and numerous failures to report or being late for duty.

3.  She appeared before a board of officers.  A review of the transcript failed to reveal she was a victim of domestic violence, abused, or feared for her life and engaged in misconduct as a result.  The board recommended her separation for misconduct with a general discharge with one dissent for the issuance of a discharge under other than honorable conditions.  She was discharged accordingly on 6 March 1989 and issued a General Discharge Certificate.

4.  She has not provided sufficient evidence to show her 1988 discharge was unjust.  She also has not provided evidence sufficient to mitigate the characterization of her discharge.  It appears that her administrative separation was accomplished in compliance with applicable regulations in effect at the time with no procedural errors which would have jeopardized her rights.  In the absence of evidence to the contrary, government regularity in the discharge process is presumed.  She was properly separated for misconduct.

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 AR20090021070, dated 14 September 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)                                         AR20110019604



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ABCMR Record of Proceedings (cont)                                         AR20110019604



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