Applicant Name:  ?????

Application Receipt Date: 2011/11/28	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, that during her training at Fort Jackson, South Carolina, she was sexually assaulted and the command covered it up.  She left Fort Jackson and went home, turned herself in to Fort Campbell, Kentucky, and was treated and held there pending further treatment and investigation of the events leading up to her being at Fort Cambell.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 090908
Discharge Received: 			   Date: 091009   Chapter: 5-17    AR: 635-200
Reason: Condition, Not a Disabilitly	   RE:     SPD: JFV   Unit/Location: Co F, 1st bn, 34th Inf. 4th Bde TC, Fort Jackson, SC 

Time Lost: AWOL: (090522-090528) for 7 days; (090601-091007) for 129 days - a total of 136 days (unknown mode of return for both AWOL period, except that she was returned to military control).

Article 15s (Charges/Dates/Punishment): None

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 

IV.  Soldier’s Overall Record
Age at current enlistment:  32
Current ENL Date: 090412    Current ENL Term: 7 Years  36 Weeks
Current ENL Service: 	00 Yrs, 01 Mos, 04 Days ?????
Total Service:  		00 Yrs, 11 Mos, 28 Days ?????
Previous Discharges: 	IADT   (080103-080307) / UNC
			ARNG (081105-090411) / NA
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: None   GT: NIF   EDU: HS Equiv.   Overseas: None   Combat: None
Decorations/Awards: None

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       On 8 September 2009, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 5, paragraph 5-17, AR 635-200, by reason of other designated physical or mental condition for an anxiety disorder after she returned to military control from being AWOL (090522-090528) and (090601-091007) which was incompatible with military service and recommended the applicant’s discharge with an entry level uncharacterized separation of service.  She was advised of her rights.  
       On 8 September 2009, the applicant waived consultation with a legal counsel, and indicated she understood the impact of the discharge action, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Service.  The intermediate commander reviewed the proposed discharge action and recommended approval of the separation action with an uncharacterized discharge.  
       
       On 8 September 2009, the separation authority waived further rehabilitation and directed the applicant’s discharge with an uncharacterized separation of service.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 provides the basic authority for the separation of enlisted personnel.  Paragraph 5-17 specifically provides that a Soldier may be separated for other physical or mental conditions not amounting to a disability under Army Regulation 635-40, which interferes with assignment to or performance of duty.  The regulation requires that the condition interferes with the Soldiers’ ability to perform duty, and requires that the diagnosis be so severe that the Soldier’s ability to function in the military environment is significantly impaired.  Army Regulation 635-200 states that a Soldier being separated under this paragraph will be awarded a characterization of service of honorable, under honorable conditions, or an uncharacterized description of service if in entry-level status.  A general, under honorable conditions discharge is normally inappropriate for individuals separated under the provisions of Chapter 5-17 unless properly notified of the specific factors in the service that warrant such characterization.

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, documents and the issue and documents she submitted, the analyst found no mitigating factors that would merit an upgrade of the applicant's discharge.  
       
       The evidence of record shows the applicant while in training status was diagnosed by competent medical authority with an anxiety disorder.  It was determined this physical condition interfered with her ability to train and that she demonstrates symptoms of severe anxiety illness and poor motivation to reenter basic training in her current emotional state, which could be expected to be a training distraction if retained.  
       
       The applicant’s service was uncharacterized because she was in an entry-level status.  A Soldier is in entry-level status (ELS) for the first 180 days of continuous active duty.  The purpose of the entry-level status is to provide the Soldier a probationary period.  Army Regulation 635-200 also provides, except in cases of serious misconduct, that a Soldier’s service will be uncharacterized when the separation is initiated while the Soldier is in entry level status.  Furthermore, a general, under honorable conditions discharge is not authorized under ELS conditions and a fully honorable discharge may be granted only in cases which are clearly warranted by unusual circumstances involving outstanding personal conduct and/or performance of duty.  The analyst determined that no such unusual circumstances were present in the applicant’s record and her service did not warrant an honorable discharge.  
       
       The analyst noted the applicant’s issues as outlined in the documents with her application.  However, in review of the applicant’s entire service record, the analyst found that the medical condition did not overcome the reason for discharge and characterization of service granted.  Furthermore, the analyst did not find the said medical issue sufficiently mitigating to warrant an upgrade of the discharge under review.  Regarding the applicant's issue with having been sexually assaulted and that the command covered it up, the medical documents provided by the applicant references "alleged assault"; "attempted sexual assault"; and "sexual assault as teen."  However, there are no investigative and/or command report to substantiate the alleged sexual assault aside from her mental status evaluation report, dated 7 October 2009, which indicated that in her seventh week of training (approximately the week of 22 May 2009), she reported experiencing a sexual trauma from which she had difficulty recovering, causing her emotional instability, and became AWOL from the Army.  Further review of the applicant's record revealed a command's report summarizing the incident on 22 May 2009, that the applicant had made contact with her spouse and mother telephonically while in basic training, and that she had made arrangements for a plane and bus tickets to leave her basic training area.  The command then notified her spouse and mother telephonically who both stated they have not had any contact with the applicant since her first week of basic training.  The spouse also related that they were having marital issues that may have been the reason for the applicant to leave her basic training.  Moreover, the applicant made a statement on 8 October 2009 agreeing with the discharge and regretted the decision she made on 22 May 2009 for going AWOL.  Absent any substantive evidence, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issues.  There is no evidence in the record, nor has the applicant produced any evidence, to support her contentions.  The applicant’s statements alone do not overcome the government’s presumption of regularity and she has not provided any documentation or further evidence in support of her request for an upgrade of her discharge.   
       
       The analyst was satisfied that all requirements of law and regulation were met and that the rights of the applicant were fully protected through the separation process.  
       
       In view of the foregoing, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the board to deny relief. 

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 18 May 2012         Location: Washington, D.C.

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: DD Form 293, dated 22 November 2011, with medical documents.
































VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: NA
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




EDGAR J. YANGER
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder














Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20110023707
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