IN THE CASE OF:	  

		BOARD DATE:	  7 August 2014

		DOCKET NUMBER:  AR20130020649 


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 her earlier request for an upgrade of her under other than honorable conditions discharge.

2.  The applicant states she was a victim of sexual assault by a First Sergeant (1SG).  She survived a night of torture, during which she was afraid for her life, humiliated, and raped.  After she was freed the next morning, she called her recruiter.  The recruiter was angered and wanted to report the incident.  She asked him not to report the incident.  The applicant does not think the incident should excuse her behavior; however, she does think it should be given some consideration.  She further states:

* she is considered a security risk because of her discharge
* she has always been a law-abiding citizen
* she has been a registered nurse for 25 years
* she has coached high school volleyball and taught Sunday school for 
7 years
* she has earned two degrees while working full time
* she did not receive legal counsel regarding her discharge
* she was not informed of the implications of the type of discharge she received
* she returned from being absent without leave (AWOL) on her own
* she did everything requested of her until she was discharged
* she would like to become a Family Nurse Practitioner
* she has an excellent work record

3.  The applicant provides no additional documentation in support of her reconsideration request.

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 AR20120011821, on 4 December 2012.

2.  She provides new arguments that require reconsideration of this case.  

3.  She enlisted in the Regular Army on 12 June 1985.  She did not complete initial entry training.

4.  On 3 October 1985, she was reported by her unit as AWOL.  She surrendered to military authorities on 4 November 1985.

5.  On 20 December 1985, she received nonjudicial punishment (NJP) for being AWOL from on or about 4 October 1985 through on or about 2 November 1985.

6.  Her record is void of a separation packet containing the specific facts and circumstances surrounding her discharge processing; however, her record does contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows she was discharged on 23 December 1985, under the provisions of Army Regulation 635-200, paragraph 14-12c, by reason of misconduct – commission of a serious offense, and she received an under other than honorable conditions discharge.  Her DD Form 214 further shows she completed 5 months and 13 days of total active service with 27 days of lost time.

7.  Section III (Service, Training, and Other Dates) of her DA Form 2-1 (Personnel Qualification Record – Part II) shows she attended specialized training for both Military Justice and Standards of Conduct on 13 June 1985.

8.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 establishes policy and prescribes procedures for separating personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and AWOL.  The regulation states a discharge under other than honorable conditions is normally considered appropriate for a Soldier discharged under this chapter.

9.  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.

10.  Army Regulation 635-200, paragraph 3-7b, states 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 she was assaulted and raped by a 1SG.  Unfortunately, there is no evidence to support her contention.

2.  She offers her post-service conduct and achievements as evidence to show she has progressed since her discharge.  However, post-service conduct and achievements alone are not normally a sufficient basis for upgrading a discharge.

3.  She attended specialized training on Military Justice and Standards of Conduct upon her enlistment; therefore, she should have been aware of the consequences of her actions when she departed her unit in an AWOL status.

4.  It is presumed her administrative separation was accomplished in accordance with applicable regulations with no indication of procedural errors that would tend to jeopardize her rights.  In the absence of evidence to the contrary, it is determined that all requirements of law and regulations were met and the rights of the applicant were fully protected throughout the separation process.

5.  Her record shows she received NJP and had one instance of AWOL, which was lengthy.  She completed 5 months and 13 days of total active service, with 27 days of lost time due to AWOL.  Based on these facts, her service clearly did not meet the standards of acceptable conduct and performance of duty for Army personnel which are required for issuance of an honorable or general under honorable conditions 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 to amend the decision of the ABCMR set forth in Docket Number AR20120011821, dated 4 December 2012.



      ___________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)                                         AR20130020649





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ABCMR Record of Proceedings (cont)                                         AR20130020649



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