Applicant Name:  ?????

Application Receipt Date: 2012/01/12	Prior Review:     Prior Review Date: NA     

I.  Applicant Request:  Upgrade     Reason Change     RE Code Change    

Issues: The applicant states, in effect, she was discharged for going AWOL.  The reasons she went AWOL were both very personal and embarrassing as a woman and a Soldier.  While at in-processing at Ft. Campbell, she had an encounter with a male Soldier who forced her to perform a sexual favor on him.  She refused to do so because she was in uniform at the time.  The male Soldier forced her and a report was filed and investigated by the MPs.  During the investigation, she admitted that she was sexually attracted to the male Soldier, but did not wish to do anything with him because she was in uniform.  She had told the Soldier "NO" and "NO" means "NO" in any language.  The male busted her lip after being told that she would not do anything with him.  

Later, she was given an Article 15 for filing a false report and was verbally threatened by her chain of command.  She was given extra duty and restriction for 45 days and was reduced in rank.  She was sent to her new unit and she felt as though this was ridiculous.  She arrived at her new unit on extra duty and was embarrassed.  She immediately felt as if she had a target on her back as a bad Soldier.  She was being harassed and had enough, so she decided to return to her home of record.  She stayed there until the warrant for a fugitive from justice was placed out for her.  Her family and former drill sergeant encouraged her to return.  So in January 2008, she returned to the Fort Campbell area and got in contact with a friend who was a MP.  He advised her to wait to turn herself in after the 4 day weekend, so she would not sit in jail the entire time.  Another friend found out where she was and called the local authorities.  She was apprehended that night and taken to Montgomery County Jail in Tennessee.  The unit sent her former drill sergeant to pick her up and escort her back.  She also had gone through a depression previous to arriving at Fort Campbell, due to a MOS reclass.  She got so depressed until she attempted suicide while at Goodfellow AFB in San Antonio, TX.

II.  Were Proper Discharge and Separation Authority procedures followed?	     
Tender Offer:   NA

See Attachments:  Legal     Medical     Minority Opinion     Exhibits 

III.  Discharge Under Review
Unit CDR Recommended Discharge: 	   Date: 080612
Discharge Received: 			   Date: 080624   Chapter: 14-12c       AR: 635-200
Reason: Misconduct (Serious Offense)	   RE:     SPD: JKQ   Unit/Location: 102nd Quartermaster Company, 101st Brigade Troops Battalion, Fort Campbell, KY 

Time Lost: AWOL for 125 days (070905-080107).  Total lost time is 125 days. 

Article 15s (Charges/Dates/Punishment): 070425, failed to be at her appointed place at the appointed time (070414), reduction to E-1, forfeiture of $303.00 pay per month for one month, and extra duty and restriction for 
14 days. (CG)

070824, with intent to deceive, made a false official statement (070803), the punishment was not recorded on the DA Form 2627. (FG) 

080225, AWOL (070905-080107), forfeiture of $650.00 pay per month for two months, extra duty and restriction for 45 days. (FG)  

Courts-Martial (Charges/Dates/Punishment): None

Counseling Records Available: Yes    No 



IV.  Soldier’s Overall Record
Age at current enlistment:  19
Current ENL Date: 061012    Current ENL Term: 05 Years  ?????
Current ENL Service: 	01 Yrs, 04 Mos, 10 Days ?????
Total Service:  		01 Yrs, 04 Mos, 10 Days ?????
Previous Discharges: 	None
Highest Grade: E-2		Performance Ratings Available: Yes    No 
MOS: 92F10 Petroleum Supply Specialist   GT: 106   EDU: GED   Overseas: None   Combat: None
Decorations/Awards: NDSM, GWOTSM, ASR

V.  Post-Discharge Activity
City, State:  ?????
Post Service Accomplishments: None listed by the applicant.

VI.  Facts, Circumstances, and Legal Basis for Separation

       a.  Facts and Circumstances:
       The evidence of record shows that on 9 April 2008, the unit commander notified the applicant of initiation of separation action under the provisions of Chapter 14, paragraph 14-12c, AR 635-200, by reason of commission of a serious offense for being AWOL (070905-080108), failing to report to her appointed place of duty on divers occasions, and making a false official statement, with a general, under honorable conditions discharge.  She was advised of her rights.  
       
       On 17 April 2008, the applicant consulted with legal counsel, was advised of the impact of the discharge action, waived her right to an administrative separation board even though she was not entitled to one, and did not submit a statement in her own behalf.  The unit commander subsequently recommended separation from the Army and waiver of further rehabilitative efforts.  The intermediate commander reviewed the proposed action and recommended approval of the separation with a general, under honorable conditions discharge.  
       
       On 13 June 2008, the separation authority waived further rehabilitation and directed the applicant’s discharge with a characterization of service of general, under honorable conditions.

       b.  Legal Basis for Separation:  
       Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 14 of this regulation establishes policy and prescribes procedures for separating members for misconduct.  Specific categories include minor disciplinary infractions, a pattern of misconduct, and commission of a serious offense, to include abuse of illegal drugs, convictions by civil authorities and desertion or absence without leave.  Action will be taken to separate a member for misconduct when it is clearly established that rehabilitation is impractical or unlikely to succeed.  Army policy states that an under other than honorable conditions discharge is normally considered appropriate; however, a general, under honorable conditions or an honorable discharge may be granted.   

       c.  Response to Issues, Recommendation and Rationale:  
       After a careful review of all the applicant’s military records, and the issue and documents submitted with the application, the analyst found no mitigating factors which would merit an upgrade of the applicant's discharge.    
       
       The analyst determined the applicant’s discharge was appropriate because the quality of her service was not consistent with the Army's standards for acceptable personal conduct and performance of duty by military personnel.  By the misconduct, the applicant diminished the quality of her service below that meriting a fully honorable discharge.  
       
       The applicant provided no independent corroborating evidence demonstrating that either the command's action was erroneous or that the applicant’s service mitigated the misconduct or poor duty performance.  
       
       The applicant contends she was discharged for going AWOL.  The reasons she went AWOL were both very personal and embarrassing as a woman and a Soldier.  The analyst noted the applicant's contention; however, the record of evidence does not demonstrate that she sought relief from stress through her command or the numerous Army community services like the Chaplain, Army Community and Family Support Services, Community Counseling Center, and other medical resources available to all Soldiers.  Likewise, she has provided no evidence that she should not be held responsible for her misconduct.
       
       Additionally, the evidence of record shows that the command attempted to assist the applicant in performing and conducting herself to Army standards by providing counseling and by the imposition of non-judicial punishment.  The applicant failed to respond appropriately to these efforts.
       
       Lastly, there is a presumption of regularity in the conduct of governmental affairs that shall be applied in any review unless there is substantial credible evidence to rebut the presumption.  The applicant bears the burden of overcoming this presumption through the presentation of substantial and credible evidence to support her issue.  There is no evidence in the record, nor has the applicant produced any evidence, to support the contention that she was unjustly discriminated.  The applicant’s statements alone do not overcome the government’s presumption of regularity and he has not provided any documentation or further evidence in support of his request for an upgrade of her discharge.   
       
       Therefore, the analyst determined the reason for discharge and the characterization of service were both proper and equitable and recommends to the Board to deny relief.   
       
       The applicant submitted two documents in support of the personal appearance hearing.

VII.  Summary of Army Discharge Review Board Hearing

Type of Hearing: 		Date: 29 August 2012         Location: Chicago, IL

Did the Applicant Testify?  Yes     No  

Counsel: None

Witnesses/Observers: NA 

Exhibits Submitted: An online DD Form 293 and DD Form 214.























VIII.  Board Discussion, Determination, and Recommendation
After carefully examining the applicant’s record of service during the period of enlistment under review and considering the analyst’s recommendation and rationale, the Board determined that the discharge was both proper and equitable and voted to deny relief.  
        
IX.  Board Decision						
Board Vote:
Character - Change 0    No change 5
Reason -     Change 0    No change 5
(Board member names available upon request)

X.  Board Action Directed
Issue a new DD Form 214  
Change Characterization to: 
Change Reason to: No Change
Other: NA
RE Code: 
Grade Restoration:   No   Yes   Grade: NA

XI.  Certification Signature
Approval Authority:




ARCHIE L. DAVIS III
Colonel, U.S. Army
President, Army Discharge Review Board




BONITA E. TROTMAN
Lieutenant Colonel, U. S. Army
Secretary Recorder












Legend:
AWOL    	Absent Without Leave		GCM   General Court Martial	NA   Not applicable			SCM	Summary Court Martial
BCD   	Bad Conduct Discharge	GD      General Discharge	NIF   Not in the file			SPCM	Special Court Martial
CG 	Company Grade Article 15	HD      Honorable Discharge	OAD   Ordered to Active Duty		UNC	Uncharacterized Discharge  
DD 	Dishonorable Discharge	HS       High School Graduate	OMPF   Official Military Personnel File	UOTH  	Under Other Than Honorable 
FG	Field Grade Article 15		IADT   Initial Active Duty Training	RE     Reentry Code				Conditions 
ARMY DISCHARGE REVIEW BOARD - CASE REPORT AND DIRECTIVE

Case Number AR20120001013
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