IN THE CASE OF:	  

		BOARD DATE:	    20 February 2014

		DOCKET NUMBER:  AR20130011351 


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 her uncharacterized discharge be changed.

2.  The applicant states she was sexually assaulted in the Army and was afraid to tell anyone.  She has been suppressing this incident for many years and it has had a major impact on her life.  She is now in therapy for post-traumatic stress disorder (PTSD). 

3.  The applicant provides her DD Form 214 (Certificate of Release or Discharge from Active Duty) and seven pages of medical records.

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 U.S. Army Reserve (USAR) on 17 August 1990.  She entered initial active duty for training (ADT) on 31 August 1990.  She completed basic training and was assigned for advanced individual training (AIT) to Company B, 36th Transportation Battalion, Fort Dix, NJ.

3.  On 21 November 1990, she underwent a mental health evaluation at the Community Mental Health Service (CMHS), Fort Dix, NJ.  Her immediate commander had referred her for an evaluation due to her unsuitability/inability to adapt to the military lifestyle and because she had threatened to commit self-damaging acts.

4.  The examining psychiatrist stated her impression was the applicant had an adjustment disorder with depressed mood.  She further stated the applicant did not appear to have the adequate motivation and coping resources to complete her training.  The applicant had reported suicidal ideation without intent or plan and agreed to a no-acting-out contract with CMHS.  The examining psychiatrist strongly recommended the applicant be considered for separation and it be accomplished as expeditiously as possible.

5.  On 21 November 1990, she was notified by her immediate commander that separation action was being initiated against her under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Separations), paragraph 11-3a for entry level performance and conduct.  The commander stated the specific reason was because of her adjustment disorder with depressed mood and she did not appear to have the adequate emotional and coping resources needed to complete AIT.  

6.  The applicant subsequently acknowledged receipt of the notification of the separation action that was being initiated against her under the provisions of Army Regulation 635-200, chapter 11 and declined to seek legal counsel.  She acknowledged she understood the procedures and rights that were available to her and further acknowledged she understood she would be receive an entry-level separation with uncharacterized service.  She elected not to submit a statement in her own behalf.

7.  On 27 November 1990, the separation authority approved the applicant's discharge action in accordance with Army Regulation 635-200, chapter 11 and stated she would not be transferred to the Individual Ready Reserve.  On 30 November 1990, she was discharged from active duty and the USAR.

8.  The DD Form 214 she was issued shows she was discharged under the provisions of Army Regulation 635-200, paragraph 11-3a by reason of entry level performance and conduct with an uncharacterized character of service.  She completed 3 months (90 days) of creditable active service.

9.  The applicant provides medical records that show on 24 May 2013 she entered treatment for traumatic stress at the Department of Veterans Affairs Medical Center, Salem, VA.  The examining physician stated the applicant reported she had been sexually harassed while in the military when a sergeant (SGT) made sexually explicit comments and groped her.  On another occasion another SGT pulled her shirt open and touched her breast.  She was discharged when she told a captain she would commit suicide if she was not discharged.  She did not report the abuse.  She also reported other traumatic events that occurred throughout her life.  The examining physician diagnosed her with PTSD, Chronic Major Depressive Disorder, and Recurrent Obsessive Compulsive Disorder Traits.

10.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 3, paragraph 11-3a, of the version in effect at the time, provides for the separation of personnel due to unsatisfactory performance, conduct, or both, as evidenced by inability while in an entry level status. A separation is described as an entry-level separation if processing is initiated while a member is in entry-level status, except when characterization under other than honorable conditions is authorized.  For Soldiers ordered to initial ADT, entry-level status terminates 180 after beginning training.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was discharged on 30 November 1990 due to her inability to adapt to military service.  She completed 90 days of creditable active service.  As she was separated prior to completing 180 days of active service, she was still in an entry-level status at that time.  Therefore, she correctly received an uncharacterized character of service.  

2.  An entry-level status discharge is not meant to be a negative reflection of a Soldier's military service.  It merely means the Soldier has not served on active duty long enough for his or her character of service to be rated.

3.  A diagnosis of PTSD 23 years after her discharge does not reflect that what the Army did at the time was improper or incorrect.

4.  In view of the foregoing, there is no basis for granting the requested relief.



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)                                         AR20130011351





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ABCMR Record of Proceedings (cont)                                         AR20130011351



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