IN THE CASE OF:
BOARD DATE: 8 May 2014
DOCKET NUMBER: AR20130015202
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 general discharge from the U.S. Army Reserve (USAR) be upgraded to honorable.
2. The applicant states:
a. she was raped by a Soldier in her unit. After reporting the rape to her commanders she was forced to continue to drill with her rapist. She was given no help, guidance, or support from anyone. She had no choice but to stop reporting for fear of her safety.
b. she was unaware of the difference between a general (under honorable conditions) or an honorable discharge until trying to reenlist years later.
c. she never had any unsatisfactory participation or any other issues during her military career until she was raped on active duty. Although she reported the rape to the police and military, the military did not take action against her rapist. She requested a transfer on several occasions, but was not granted one. She stopped reporting to drill and after many failed requests for a transfer she was discharged a year later.
3. The applicant provides:
* Discharge orders
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 February 2003
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 USAR on 11 March 2002 for a period of 8 years. She was ordered to active duty for training on 20 August 2002 and she was released from active duty on 13 February 2003. She was awarded military occupational specialty 92A (automated logistical specialist).
3. Her record is void of the specific facts and circumstances surrounding her discharge action. However, discharge orders show she was discharged with a general discharge on 8 September 2005 under the provisions of Army Regulation 135-178 (Separation of Enlisted Personnel).
4. Army Regulation 135-178 provides for the separation of enlisted personnel of the U.S. Army Reserve and Army National Guard.
a. Specific categories include minor disciplinary infractions, a pattern of misconduct and commission of a serious offense, to include abuse of illegal drugs, and convictions by civil authorities.
b. It states the honorable characterization of service is appropriate when the quality of the Soldiers service generally meets the standards of acceptable conduct and performance of duty for military personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.
DISCUSSION AND CONCLUSIONS:
The applicant's contentions were carefully considered. However, in the absence of evidence to the contrary it must be presumed her separation processing was administratively correct and in conformance with applicable regulations. Without the discharge packet to consider, it is presumed her characterization of service was commensurate with her overall record of service. Therefore, there is an insufficient evidentiary basis for granting the applicant an honorable 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) AR20130015202
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ABCMR Record of Proceedings (cont) AR20130015202
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