DOCKET NUMBER:  AR20120007842 


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 an earlier request to upgrade her general discharge to honorable.

2.  The applicant states:

* her discharge was improper
* she was raped while in the service which affected her performance and motivation
* she was drugged at a party, raped, and she became pregnant 
* she was not provided adequate counseling
* when she attempted to report the rape she was threatened to keep her mouth shut
* instead of helping her/counseling her after the rape she was kicked out

3.  The applicant provides:

* Department of Veterans Affairs (DVA) Rating Decision, dated 22 June 2007
* Her daughter's birth certificate (child born from the rape)
* Two letters from her brothers 





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 AR20100029684, on 16 June 2011.

2.  She provided a DVA Rating Decision that shows she is currently receiving service-connected disability compensation for post-traumatic stress disorder.

3.  She provided letters from her two brothers attesting:

* She was raped while serving in the Army
* She has overcome her dependence on drugs and alcohol
* She struggles with depression as a result of the rape
* Her addiction cost her the job she most enjoyed, serving in the Army 

4.  The documentation provided by the applicant is new evidence that will be considered by the Board.  

5.  The applicant enlisted in the Regular Army on 15 February 1977.  She completed her training and was awarded military occupational specialty 71L (administrative specialist).

6.  On 17 February 1978, nonjudicial punishment (NJP) was imposed against her for disobeying a lawful order from a commissioned officer.

7.  On 2 August 1978, NJP was imposed against her for being absent without leave (AWOL) during the period 20 June to 26 July 1978.

8.  On 2 August 1978, she was counseled by her immediate commander for the AWOL offense.  The statement indicates the reason for her AWOL was her children because she was a sole parent and she had the burden of maintaining the welfare of her family.  Her commander also indicated that she felt that a discharge from the service would help stop the problem of being absent from her children.

9.  She was also counseled by the Assistant Brigade Chaplain and by her immediate supervisor.  Both counselors recommended her separation from the service because of her inability to fulfill her military obligations due to family issues.

10.  On 8 August 1978, she was notified by her immediate commander that action was being initiated to discharge her from the Army under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-31 (Expeditious Discharge Program (EDP)) with a General Discharge Certificate.  The commander cited as the reasons for the proposed separation her responsibilities of being a sole parent interfered with her military duties thereby causing her to cut down on the output of her work.

11.  On 8 August 1978, she acknowledged the notification of her proposed discharge from the Army.  She voluntarily consented to the separation and she elected not to submit a statement in her own behalf.  She further acknowledged she understood that if she were issued a general discharge, she could expect to encounter substantial prejudice in civilian life.

12.  On 11 August 1978, the separation authority approved her separation action and directed the issuance of a General Discharge Certificate.  

13.  On 16 August 1978, she was discharged accordingly.  She completed 
1 year, 4 months, and 26 days of total active service with 36 days of lost time.

14.  There is no evidence of record which shows she was a victim of sexual assault prior to her discharge on 16 August 1978.

15.  There is no evidence showing that she applied to the Army Discharge Review Board for an upgrade of her discharge within its 15-year statute of limitations.

16.  Army Regulation 635-200, in effect at the time, set for the basic authority for the separation of enlisted personnel.  Paragraph 5-31 provided that members who had completed at least 6 months but less than 36 months of continuous active service on their first enlistment and who had demonstrated that they could not or would not meet acceptable standards required of enlisted personnel because of poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential may be discharged under the EDP.  It provided for the expeditious elimination of substandard, nonproductive Soldiers before board or punitive action became necessary.  No member would be discharged under this program unless he/she voluntarily consented to the proposed discharge.  Issuance of an honorable discharge certificate was predicated upon proper military behavior and proficient performance of duty during the member's current enlistment with due consideration for the member's age, length of service, grade, and general aptitude.

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 raped while serving in the Army which affected her performance and motivation and that she was not provided adequate counseling.  However, there is no evidence of record which shows she was a victim of sexual assault prior to her discharge.

2.  Although she contends she was kicked out, she voluntarily consented to her discharge.

3.  The letters submitted on behalf of the applicant failed to show her discharge was unjust and should be upgraded.

4.  Her record of service included two NJPs and 36 days of lost time.  As a result, her record of service did not meet the standards of acceptable conduct and performance of duty for Army personnel.  Therefore, the applicant's record of service is insufficiently meritorious to warrant an honorable discharge.

5.  Her administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights.  She had an opportunity to submit a statement in which she could have voiced her concerns and she failed to do so.  

6.  The type of discharge directed and the reasons were therefore appropriate considering all the facts of the case.

7.  In view of the foregoing, 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 AR20100029684, dated 16 June 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)                                         AR20120007842





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ABCMR Record of Proceedings (cont)                                         AR20120007842



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