IN THE CASE OF:  	Ms. 

      BOARD DATE:  	29 July 2013

      CASE NUMBER:  	AR20120022547
___________________________________________________________________________

Board Determination and Directed Action

After carefully examining the applicant's record of service during the period of enlistment under review and considering the Discussion and Recommendation which follows, the Board determined the discharge was both proper and equitable and voted to deny relief.




      
      
      Presiding Officer
      
I certify that herein is recorded the true and complete record of the proceedings of the Department of the Army Discharge Review Board in this case.

THE APPLICANT’S REQUEST AND STATEMENT:

1.  The applicant requests an upgrade of her discharge from general, under honorable conditions to honorable.

2.  The applicant states, in effect, she was raped during annual training and forced to continue drilling with her attacker in the same unit, she refused to do so out of fear and feeling unsafe.  She requested a unit transfer with no results and finally gave up on getting transferred.  She received no communications from her unit until September 2005; she sent two address changes to her unit since 2003.

DISCHARGE UNDER REVIEW INFORMATION:

a.  Application Receipt Date:		13 December 2012
b.  Discharge Received:			General, Under Honorable Conditions
c.  Date of Discharge:			8 September 2005						 d.  Reason/Authority/SPD/RE Code:	NIF/135-178						
e.  Unit of assignment:			81st Regional Readiness Command, TTHS Account 							Birmingham, AL						 f.   Current Enlistment Date/Term:		11 March 2002, 8 years	
g.  Current Enlistment Service:		3 years, 5 months, 25 days	
h.  Total Service:				3 years, 5 months, 25 days     
i.   Time Lost:				NIF								 j.   Previous Discharges:                       	IADT-(020820-030213)/UNC										    (Concurrent Service)
k.  Highest Grade Achieved:		E-3
l.   Military Occupational Specialty:	92A10, Automated Logistical Specialist
m. GT Score:                       		NIF
n.  Education:                			HS Graduate
o.  Overseas Service:   			None
p.  Combat Service:      			None 
q.  Decorations/Awards:           		NDSM, ASR
r.   Administrative Separation Board:  	No
s.  Performance Ratings:              		No
t.  Counseling Statements:              	NIF
u.  Prior Board Review:			No

SUMMARY OF SERVICE:		
	
The applicant enlisted in the U.S. Army Reserve on 11 March 2002 for 8 years.  She was 17 years old and a high school graduate.  Her service record does not reflect any personally earned awards or combat service.  




SEPARATION FACTS AND CIRCUMSTANCES:

1.  The applicant’s service record is void of the specific facts and circumstances concerning the events which led to her discharge from the Army Reserve.  

2.  The available evidence in the record indicates on 8 August 2005, DA, HQS, 81st Regional Command, TTHS Account, Birmingham, AL, Orders 05-220-00129, discharged the applicant from the U.S Army Reserve, effective 8 September 2005, with a general, under honorable conditions discharge.  

3.  The record contains a properly constituted order which indicates the applicant was discharged under the provisions of AR 135-178, with a characterization of service of general, under honorable conditions.

4.  The applicant’s service record does not contain any evidence of unauthorized absences, time lost, negative counseling statements or any actions under the Uniformed Code of Military Justice (UCMJ).

EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD:

1.  Discharge Orders 05-220-00129

2.  DD Form 214 and a DD Form 215

EVIDENCE SUBMITTED BY THE APPLICANT:

The applicant provided a DD Form 293; Oklahoma City Police Department Crime Report, three pages; no DD Form 214 was attached as indicated on her application; and Discharge Orders 05-220-00129.

POST-SERVICE ACTIVITY: 

The applicant did not provide any with the application.  

REGULATORY AUTHORITY:

1.  Army Regulation 135-178, sets forth the policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of Army National Guard and U.S. Army Reserve (USAR) enlisted Soldiers for a variety of reasons. The separation policies throughout the different Chapters in this regulation promote the readiness of the Army by providing an orderly means to judge the suitability of persons to serve on the basis of their conduct and their ability to meet required standards of duty performance and discipline.  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. 

2.  The characterization is based upon the quality of the Soldier’s service, including the reason for separation and determined in accordance with standards of acceptable personal conduct and performance of duty as found in the UCMJ, Army Regulations, and the time-honored customs and traditions of the Army.  The reasons for separation, including the specific circumstances that form the basis for the discharge are considered on the issue of characterization. 

3.  Possible characterizations of service include an honorable, general, under honorable conditions, under other than honorable conditions, or uncharacterized if the Soldier is in entry-level status.  However, the permissible range of characterization varies based on the reason for separation.

DISCUSSION AND RECOMMENDATION:

1.  The applicant’s request for an upgrade of the characterization of her discharge was carefully considered.  However, after examining the applicant’s record of service, her available military records, the documents and issues submitted with the application, there are insufficient mitigating factors to merit an upgrade of the applicant's discharge.  

2.  The applicant’s record is void of the specific facts and circumstances concerning the events which led to the former Soldier’s discharge from the U.S. Army Reserves.  However, the record shows on 8 August 2005, DA, HQS, 81st Regional Command, Birmingham, AL, Orders 05-220-00129, discharged the applicant from the U.S Army Reserve, effective 8 September 2005, with a general, under honorable conditions discharge.  

3.  Barring evidence to the contrary, the presumption of government regularity shall prevail, as it appears that all the requirements of law and regulation were met and the rights of the applicant were fully protected throughout the separation process.  

4.  The applicant contends she was raped during annual training and forced to continue drilling with her attacker in the same unit.  She refused to do so out of fear and feeling unsafe.  The applicant provided a copy of an Oklahoma City Police Department Crime Report.  Due to the report being redacted the specific facts of the report could not be determined.

5.  Further, although the applicant indicated she was a victim of rape during her military service, there is no evidence in her military records and the applicant has not provided sufficient evidence supporting this contention.  Therefore, this argument is not sufficient to support her request for an upgrade of her discharge.

6.  The applicant also contends she requested a unit transfer with no results and finally gave up on getting transferred.  The applicant bears the burden of presenting substantial and credible evidence to support this contention.  There is no evidence in the record, nor has the applicant produced any evidence to support the contention she requested a unit transfer.


7.  The applicant additionally contends she received no communications from her unit until September 2005; she sent two address changes to her unit since 2003.  Army Regulation 135-178, in pertinent part, stipulates a Soldier is subject to discharge after attempts to have the Soldier respond, comply with orders or correspondence have resulted in the Soldier’s refusal to comply with orders or correspondence; or a notice sent by certified mail was refused, unclaimed, or otherwise undeliverable; or verification the Soldier failed to notify the command of a change of address and reasonable attempts to contact the Soldier have failed.

8.  It is still her responsibility to meet the burden of proof and provide the appropriate documents (i.e., the discharge packet) or other evidence sufficient to explain the facts, circumstances, and reasons underlying the separation action, for the Board’s consideration because they are not available in the official record.

9.  Therefore, based on the available evidence and the presumption of government regularity, based on the discharge order the characterization of service was both proper and equitable, thus recommend the Board deny relief. 

SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING:

Type of Hearing:  Record Review       Date:  29 July 2013      Location:  Washington, DC

Did the Applicant Testify:  NA

Counsel:  	None

Witnesses/Observers:  NA

Board Vote:
Character Change:  1	No Change:  4
Reason Change:	0	No Change:  5
(Board member names available upon request)

Board Action Directed:
Issue a new DD Form 214:		No
Change Characterization to:	None
Change Reason to:			None
Change Authority for Separation:	NA
Change RE Code to:		NA
Grade Restoration to:		NA
Other:					NA



Legend:
AMHRR - Army Military Human Resource Record	FG - Field Grade	IADT – Initial Active Duty Training	 	RE - Reentry
AWOL - Absent Without Leave	GD - General Discharge	NA - Not applicable	SCM- Summary Court Martial
BCD - Bad Conduct Discharge	HS - High School	NIF - Not in File	SPCM - Special Court Martial
CG - Company Grade Article 15	HD - Honorable Discharge	OAD - Ordered to Active Duty	UNC - Uncharacterized Discharge  
CID - Criminal investigation Department	MP – Military Police	OMPF - Official Military Personnel File	UOTHC - Under Other Than                           			               Honorable Conditions


ADRB Case Report and Directive (cont)		AR20120022547



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ARMY DISCHARGE REVIEW BOARD (ADRB)

CASE REPORT AND DIRECTIVE



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