Army Discharge Case Study

The applicant did not properly annotate the enclosed application requesting a possible discharge upgrade. However, the Army Discharge Review Board considered, the applicant for a possible upgrade as instructed in pertinent part by Department of Defense Instruction 1332.28 which stipulates that a request for review from an applicant without an honorable discharge shall be treated as a request for a change to an honorable discharge unless the applicant requests a specific change to another character of discharge.

The applicant states, in effect, she wishes for her Certificate of Release or Discharge from Active Duty (DD Form 214) to accurately reflect her character of military service. The applicant further states, at the time of her discharge, she was under great duress, resulting from an abusive relationship with another Soldier. The applicant contends, fearing for her safety, she went absent without leave (AWOL). She contends, it was wrong to go AWOL, but fearing further abuse, the potential for bodily harm, she did not believe the chain of command could assure her safety. The applicant states, in effect, she was not afforded the

The under other than honorable conditions discharge received by the applicant was normal and appropriate under the regulatory guidance. Her record documents no acts of significant achievement or valor and did not support the issuance of an honorable or a general discharge by the separation authority. Moreover, the record of evidence shows that the applicant, on 22 September 1999, having been advised by legal counsel of the possible effects of a discharge under other than honorable conditions if her request is approved. The applicant voluntarily request a discharge in lieu trial by court-martial under the provision of AR 635-200, Chapter