IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140012357 


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 an upgrade of her general discharge to an honorable discharge.

2.  The applicant states:

   a.  After 7 months of training in Augusta, GA, she arrived at Fort Polk, LA, for her permanent station.  She stayed in the transient barracks and she was sexually assaulted on her first night there.  When she reported the incident, she was humiliated and harassed from that time on.

   b.  She was told they couldn't get fingerprints because the doorknob had oil or some greasy substance on it.  The perpetrator had locked himself in on the women's side of the barracks and proceeded to unscrew the vent plate at the bottom of the door.  From that time on her life was miserable (no report was filed).  Her company commander first assigned her a watch duty assignment in a place called "cold storage."  She was assigned for the late evening shift by herself without any type of equalizer.  Needless to say, she was very frightened.

   c.  Her next duty watch was again the late evening shift in the parking lot.  Also, again she was without an equalizer.  Around 3:30 am, she was approached by a male Soldier asking her what she was doing there by herself.  She explained the situation to him.  He got very upset and decided to walk the rest of her shift with her.  

   d.  The verbal harassment continued on a daily basis.  By this time she couldn't handle it anymore and requested an early out, but apparently they weren't done with her yet.  They had gone on a 2-week bivouac when she had developed a yeast infection.  She asked her company commander if she could report to sick bay and was denied.  Her stress level had reached its maximum.  She again requested the early out, but was told she had to get pregnant to achieve this request.

   e.  After months of constantly looking over her shoulder and being harassed, she was told by her top sergeant that her job was being reassigned to the company commander's office.  He told her to come in crying everyday (which was very easy) and eventually her company commander would honor her request.  Her company commander did in fact honor her request, but unfortunately she received a general discharge instead of an honorable discharge.  She was escorted off the base, never to return.

3.  The applicant provides a copy of a Self-Help Guide to Discharge Upgrading.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant enlisted in the Regular Army, in pay grade E-2, on 13 August 1979, for 4 years, with prior U.S. Air Force enlisted service.  She completed training at Fort Gordon, GA, and was awarded military occupational specialty 72E (telecommunication center operator).  She was subsequently assigned to Company A, 5th Signal Battalion, Fort Polk, LA on 20 November 1979.  She was advanced to pay grade E-3 on 13 December 1979. 

3.  On 19 February 1980, the Chaplain for the 5th Infantry Division stated he had counseled the applicant and noticed a tremendous lack of ability to conform to Army life.  She had experienced a number of personal problems at home and felt it would be in her best interest that she be relieved from active duty.
4.  A Report of Mental Hygiene Evaluation (statement) memorandum, dated 21 February 1980, shows the examining psychologist and social service assistant stated that no psychiatric disorder was noted for the applicant.  Their assessment, while not indicating major pathology, did reveal poor stress tolerance, poor judgment in the applicant's personal affairs, and poor general adjustment to the military.  Additional stress because of the recent death of her father and marital difficulties had impaired further her already limited ability and motivation to adjust to military life.  She was psychiatrically cleared for any administrative action deemed appropriate by the command.  Due to the negative attitude of the applicant and poor prognosis for self-change, it was recommended that the command consider administrative separation of the applicant from the military.

5.  On 8 April 1980, the applicant's company commander recommended the applicant's discharge because of the applicant's extreme lack of motivation, absence of self-discipline, demonstrated personal dislike for all military functions, and failure to demonstrate promotion potential.  He stated that the applicant had been counseled numerous times verbally by her chain of command and the Chaplain, with hopes that her attitude and performance would improve, but all efforts had not helped.  He firmly believed additional counseling would not change the applicant's attitude nor produce the quality Soldier that continued active military service required.  He recommended the issuance of a general discharge.

6.  On 8 April 1980, the applicant’s company commander initiated action to separate the applicant under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Separations), paragraph 5-31 (Expeditious Discharge Program (EPD)), with a general discharge.  He advised the applicant of her rights.

7.  On 18 April 1980, the applicant acknowledged receipt of the proposed discharge and consented.  She also acknowledged he could receive a general discharge and the results of the receipt of such a discharge.  She waived her rights and elected not to submit a statement in her own behalf.    

8.  On 21 April 1980, the separation authority approved the applicant’s discharge and directed the issuance of a general discharge.

9.  Accordingly, she was discharged in pay grade E-3 on 1 May 1980.  She was credited with completing 8 months and 18 days of active service.

10.  On 21 May 1992, the Military Review Boards Agency advised her that her appeal must first be reviewed by the Army Discharge Review Board (ADRB) and provided her an application to complete and submit to them.  There is no evidence she applied to the ADRB within its 15-year statute of limitations for an upgrade of her discharge.

11.  Army Regulation 635-200, in effect at the time, set forth the basic authority for administrative separation of enlisted personnel.  The regulation stated in:

   a.  Paragraph 5-31 – The EDP provided for the discharge of individuals who had completed at least 6 months, but less than 36 months of active duty and who demonstrated by poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential, that they could not or would not meet acceptable standards.  Such personnel were issued a general or honorable discharge, as appropriate.

   b.  Paragraph 3-7a - an honorable discharge was a separation with honor.  The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptance conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would be inappropriate.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was a substandard Soldier who demonstrated a lack of motivation and absence of self-discipline, demonstrated personal dislike for all military functions, and failed to adapt to the Army.  She was psychiatrically cleared for any administrative action deemed appropriate by the command.  Her company commander believed that her attitude wouldn't produce the quality Soldier that continued active military service required and recommended her discharge under the EDP, with a general discharge.

2.  There is no evidence of record and she provided none showing she was sexually or physically assaulted during her period of active duty or that the alleged assaults prevented her satisfactory completion of her term of enlistment.  

3.  She provided no evidence or a convincing argument to show her discharge should be upgraded and her military records contain no evidence which would entitle her to an upgrade of her general discharge.  Without evidence to the contrary, it appears her administrative separation was accomplished in compliance with applicable regulations with no procedural errors which would tend to jeopardize her rights.  

4.  She was properly discharged in accordance with pertinent regulations with due process.  Therefore, she is not entitled to 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)                                         AR20140012366



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ABCMR Record of Proceedings (cont)                                         AR20140012357



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