IN THE CASE OF: Ms. BOARD DATE: 23 January 2015 CASE NUMBER: AR20140004853 ___________________________________________________________________________ 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 general, under honorable conditions discharge characterization to honorable. 2. The applicant states, in effect, she served her country proudly. She contends, she was sexually assaulted and harassed by her superior and was treated unfairly. She states, this led to an extremely hostile work environment as she was forced to work with the assailant on a daily basis. She contends the incident that caused her to be discharged from the Army was an isolated event. Prior to the sexual assault, she requested several times to be reassigned from the unit but her requests were denied initially; however, after three months she was finally moved. She apologizes for her actions and takes full responsibility. She contends, she informed her chain of command of the sexual assault but no action was taken. She desires to use the GI Bill to further her education. DISCHARGE UNDER REVIEW INFORMATION: a. Application Receipt Date: 18 February 2014 b. Discharge Received: General, Under Honorable Conditions c. Date of Discharge: 15 November 2013 d. Reason/Authority/SPD/RE Code: Misconduct (Serious Offense), AR 635-200, Chapter 14-12c, JKQ, RE-3 e. Unit of assignment: 47th CS Company, Fort Bliss, TX f. Current Enlistment Date/Term: 25 April 2011/3 years, 21 weeks g. Current Enlistment Service: 2 years, 6 months, 21 days h. Total Service: 2 years, 6 months, 21 days i. Time Lost: None j. Previous Discharges: None k. Highest Grade Achieved: E-4 l. Military Occupational Specialty: 92Y10, Unit Supply Specialist m. GT Score: NIF n. Education: HS Graduate o. Overseas Service: Korea p. Combat Service: None q. Decorations/Awards: NDSM, GWOTSM, KDSM, ASR, OSR r. Administrative Separation Board: NA s. Performance Ratings: NA t. Counseling Statements: Yes u. Prior Board Review: No SUMMARY OF SERVICE: The applicant enlisted in the Regular Army on 25 April 2011, for a period of 3 years and 21 weeks. She was 21 years old at the time of entry and a high school graduate. She served in Korea and did not earn any significant awards of valor or achievement. She completed 2 years, 6 months, 21 days of active duty service. When her discharge proceedings were initiated, she was serving at Fort Bliss, TX. SEPARATION FACTS AND CIRCUMSTANCES: 1. The applicant’s service record is void of the specific facts and circumstances concerning the events which led to the discharge from the Army. However, the record contains a properly constituted DD Form 214 (Certificate of Release or Discharge from Active Duty), which was authenticated by the applicant’s signature. 2. The DD Form 214 indicates that on 15 November 2013, the applicant was discharged under the provisions of Chapter 14, AR 635-200, for misconduct (serious offense), with a characterization of service of general, under honorable conditions. The DD Form 214 also shows a Separation Program Designator (SPD) code of JKQ and a reentry (RE) code of 3. 3. The applicant’s available record does not show any recorded actions under the UCMJ, unauthorized absences or time lost. However, she was separated as a PVT/E-1 and the action that caused her reduction is not contained in the service record. 4. On 7 November 2013, DA Headquarters, United States Army Garrison, Fort Bliss, Fort Bliss, TX, Orders Number 311-0017, discharged the applicant from the Army effective 15 November 2013. EVIDENCE OBTAINED FROM THE APPLICANT'S RECORD: Discharge Orders Number 311-0017, dated 7 November 2013. EVIDENCE SUBMITTED BY THE APPLICANT: The applicant provided a DD Form 149, dated 13 February 2014, a self-authored statement, dated 11 February 2014, three copies of DD Form 214 covering the period of service under review, a DA Form 4856, dated 29 January 2013, with statement, Congressional Privacy Act Release Form, dated 5 February 2014, a memorandum for record, dated 24 October 2013, a rebuttal statement from Ms. L, dated 24 October 2013, and chronological records of medical care, dated 25 July 2013, 5 August 2013, and 31 October 2013, reflects she was diagnosed with a borderline personality disorder, an adjustment disorder with mixed emotional features, and bulimia nervosa. POST-SERVICE ACTIVITY: The applicant did not provide any in support of her application. REGULATORY AUTHORITY: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 14 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 being absent 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. 2. 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. Whenever there is doubt, it is to be resolved in favor of the individual. 3. Army Regulation 635-200, paragraph 3-7b, provides that 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. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. 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 military records, the issues and documents 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 her discharge from the Army. However, the record contains a properly constituted DD Form 214, which was authenticated by the applicant's signature. This document identifies the reason and characterization of the discharge and government regularity is presumed in the discharge process. 3. The DD Form 214 also indicates the applicant was discharged under the provisions of Chapter 14, AR 635-200, paragraph 14-12c by reason of misconduct (serious offense), with a characterization of service of general, under honorable conditions. Barring evidence to the contrary, the presumption of government regularity prevails 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's contentions that she was sexually assaulted and harassed were carefully considered. However, there is insufficient evidence available in the official record to make a determination upon the applicant's quality of service. Moreover, there is a presumption of regularity in the conduct of governmental affairs which is applied in all Army discharge reviews unless there is substantial credible evidence to rebut the presumption. There is no evidence in the record, nor has the applicant produced any evidence, to support a change to the characterization of service granted. The applicant’s statements alone do not overcome the presumption of government regularity and the application contains no documentation or further evidence in support of this request for an upgrade of the discharge. 5. If the applicant desires a personal appearance hearing, it will be 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. 6. Therefore, based on the available evidence and the government presumption of regularity, it appears the reason for discharge and the characterization of service are both proper and equitable, thus recommend the Board deny relief. SUMMARY OF ARMY DISCHARGE REVIEW BOARD HEARING: Type of Hearing: Records Review Date: 23 January 2015 Location: Washington, DC Did the Applicant Testify? NA Counsel: None Witnesses/Observers: NA Board Vote: Character Change: 0 No Change: 5 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: No Change Change Reason to: No Change 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) AR20140004853 Page 5 of 5 pages ARMY DISCHARGE REVIEW BOARD (ADRB) CASE REPORT AND DIRECTIVE 1