IN THE CASE OF:
BOARD DATE: 3 May 2012
DOCKET NUMBER: AR20110022479
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 his earlier request to upgrade his discharge under other than honorable conditions.
2. The applicant states:
* he was sexually harassed by a female sergeant for 12 months
* the sergeant was writing him love letters and taking pictures of him
* the sergeant started lying about him
* the sergeant was relieved of her duties in October 1984
* she was sent back to her unit and the first sergeant mentioned that she joined the Army National Guard
* he didn't report the harassment until the end of his court-martial
* he did not see a counselor or doctor
* he started drinking more
* this injustice ruined his life
* he was mistreated and abused
3. The applicant provides no additional evidence.
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 AR20110005011 on 13 September 2011.
2. The applicant's contentions are new evidence that will be considered by the Board.
3. He enlisted in the Regular Army on 13 September 1977 for a period of 3 years. He completed training and was awarded military occupational specialty 94B (food service specialist). On 30 July 1980, he was honorably discharged for immediate reenlistment. He reenlisted on 31 July 1980 for a period of 3 years. On 25 July 1983, he extended his 3-year enlistment for a period of 29 months. The highest rank/grade he attained while serving on active duty was specialist five/E-5.
4. On 15 March 1982, nonjudicial punishment (NJP) was imposed against him for disorderly conduct.
5. On 6 December 1983, NJP was imposed against him for failing to go at the prescribed time to his appointed place of duty and communicating a threat.
6. On 17 February 1984, NJP was imposed against him for three instances of using obscene language and leaving his appointed place of duty without authority.
7. On 27 March 1984, the applicant was barred from reenlistment.
8. His record is void of the specific facts and circumstances surrounding his discharge. However, his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was discharged under other than honorable conditions on 5 October 1984 for misconduct (pattern of misconduct) under the provisions of Army Regulation 635-200 (Personnel Separations), paragraph 14-12b. He completed a total of 7 years and 23 days of creditable active service.
9. There is no evidence of record which shows he was diagnosed with alcohol abuse or dependency prior to his discharge.
10. There is no indication the applicant applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations.
11. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 establishes policy and prescribes procedures for separating members for misconduct. Specific categories include minor disciplinary infractions, a pattern of misconduct, commission of a serious offense (military or civilian offense), and convictions by civil authorities. Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impracticable or is unlikely to succeed. A discharge under other than honorable conditions is normally appropriate for a Soldier discharged under this chapter.
12. 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.
13. Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he was sexually harassed by a female sergeant for 12 months while serving in the Army. However, there is no evidence of record and he provided no evidence which shows he was a victim of sexual harassment.
2. He also contends he started drinking more as a result of the sexual harassment. However, there is no evidence of record that shows he was diagnosed with alcohol abuse or dependency prior to his discharge.
3. In the absence of evidence to the contrary, it must be presumed that his separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it appears that his character of service was commensurate with his overall record of service. As a result, there is no basis for granting the applicant's request.
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 AR20110005011, dated 13 September 2011.
___________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) AR20110022479
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ABCMR Record of Proceedings (cont) AR20110022479
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