BOARD DATE:	  1 May 2012

		DOCKET NUMBER:  AR20110020301 


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 change her separation code "JFS" to something more favorable.

2.  The applicant states, in effect, she was not sure what the separation code means but it is not just.  She joined the military to serve her country, not to be harassed by other Soldiers.  Her punishment could have been considered double jeopardy.

3.  The applicant provides a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim) and her DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 enlisted in the Regular Army on 25 September 1980.  She completed basic combat training (BCT) at Fort Dix, NJ, from 6 October 1980 to 19 November 1980 and advanced individual training at Fort Belvoir, VA, from 20 November 1980 to 30 January 1981.  She was awarded military occupational specialty 52D (Power Generator Equipment Repairer). 

3.  On 16 October 1980, while in BCT, she accepted nonjudicial punishment (NJP) under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for leaving her appointed place of duty without authority.  

4.  She served in Germany with the 71st Ordnance Company, Hanau, from 17 February 1981 to 16 April 1982.  The highest rank/grade she attained while serving on active duty was private/E-2.

5.  The complete facts and circumstances surrounding the applicant’s discharge action are not available for review with this case.  However, her record contains a duly-constituted DD Form 214 that shows she was discharged from the Army on 16 April 1982 under the provisions of chapter 10, Army Regulation 635-200 (Personnel Separations – Enlisted Personnel) for the good of the service - in lieu of court-martial, with a character of service of under other than honorable conditions.  This form also shows she completed 1 year, 6 months, and 22 days of active service and she was assigned Separation Code "JFS."

6.  There is no indication she applied to the Army Discharge Review Board for an upgrade of her separation code within its 15-year statute of limitations.

7.  She provided a VA Form 21-4138 wherein she stated:

* She was stationed with 300 men and only two other women and she was taunted, harassed, and raped
* She went to everyone she thought could help but nothing was done
* She believes her behavior stemmed from the abuse she was receiving
* Another female Soldier she was stationed with was experiencing the same things and tried to take her own life, still nothing was done
* The bathroom in her barracks did not have a lock on the door, many times male Soldiers would walk in on her while she was showering
* She feels that the third company commander she had while assigned to her unit victimized her because he knew nothing about what she had been through and assumed she was a problem Soldier
* There were only a handful of Soldiers in her unit who were not taking drugs
* Her inability to cope with her situation made it very difficult for her, she wanted to spend her life serving her country, she feels robbed of her life
* Many people in her unit were there to keep her from going to jail
* She feels the character of her discharge was unjust, and was a direct result of her reaction to the treatment to which she was subjected
* She requested medical benefits from the VA based on the abuse she endured while she was serving 

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt.  Although an honorable or general discharge is authorized, a discharge under other than honorable conditions is normally considered appropriate.

9.  Army Regulation 635-5-1 (Separation Program Designators) states that separation codes are three-character alphabetic combinations, which identify reasons for, and types of separation from active duty.  The primary purpose of separation codes is to provide statistical accounting of reasons for separation.  The regulation in effect at the time of her discharge states "JFS" is the appropriate code for individuals who were administratively discharged under chapter 10 for conduct triable by a court-martial.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of her separation code was carefully considered; however, there is insufficient evidence to support her request.

2.  Her record is void of the facts and circumstances that led to her voluntary discharge.  However, her record contains a duly-constituted DD Form 214 that shows she was discharged on 16 April 1982 under the provisions of chapter 10 of Army Regulation 635-200, in lieu of trial by a court-martial. 

3.  The issuance of a discharge under the provisions of chapter 10, Army Regulation 635-200 required the applicant to have voluntarily, willingly, and in writing, request discharge from the Army in lieu of trial by a court-martial.  It is presumed that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  The applicant has provided no information that would indicate the contrary. 

4.  Her separation code and narrative reason for separation were assigned based on the discharge separation authority of Army Regulation 635-200, chapter 10.  The only valid narrative reason for separation permitted under chapter 10 is "in lieu of trial by court-martial" and the appropriate separation code associated with this discharge is "JFS," which is correctly shown on her DD Form 214.

5.  There is no evidence nor has she provided evidence to show she was not properly and equitably discharged in accordance with the regulations in effect at the time and that all requirements of law and regulations were not met or that her rights were not fully protected throughout the separation process.  Absent such evidence, regularity must be presumed in this case.

6.  The ABCMR does not grant requests for upgrade of separation codes or discharges solely for the purpose of making the applicant eligible for veterans or medical benefits.  Every case is individually decided based upon its merits when an applicant requests a change in his or her discharge.

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.

ABCMR Record of Proceedings (cont)                                         AR20110020301



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ABCMR Record of Proceedings (cont)                                         AR20110020301



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