IN THE CASE OF: BOARD DATE: 28 February 2023 DOCKET NUMBER: AR20220007953 APPLICANT REQUESTS: * Correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 4 September 1992, to change her rank/pay grade at discharge from sergeant (SGT)/E-5 to captain (CPT)/O-3 * A personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * electronic DD Form 149 (Application for Correction of Military Record), * Graduation Record, 1992 * University of Official Transcripts, 28 August 1992 * Honorable Discharge certificate, 16 January 1996 * Orders Number D-01-605497 issued by the U.S. Army Reserve (USAR) Personnel Center, 16 January 1996 * State University Official Academic Record, 26 August 1998 * State University Official Academic Record, 27 August 1998 * Verification of Military Experience and Training, September 1998 to February 1999 * Army Materiel Command (AMC) School of Engineering and Logistics, Official Transcript, 1 August 1999 * DD Form 215 (Correction to DD Form 214), 23 October 2001 * Statement of 13 May 2019 * SF 180 (Request Pertaining to Military Records), 25 June 2019 * Email correspondence 19 July 2019 * Department of Veterans (VA) Rating Decision, 6 January 2021 * DD Form 2586 (Verification of Military Experience and Training), 13 May 2022 * Army Review Boards Agency (ARBA) letter 28 September 2022 * ARBA, Case Management Division letter, 14 October 2022 * Criminal Investigation Division (CID) Memorandum, Subject: Request for Sanitized Report of Investigation and/or Military Police Report - Military Sexual Trauma (MST), 20 October 2022 * Headquarters Department of the Army (HQDA) Tasker 221017-35XS, 19 December 2022 * Command and Staff Department, Ordnance Maintenance Management, Officer Basic Course Graduation Ceremony, undated FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code (USC), Section 1552(b), however, the ABCMR conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that she requests appointment in the rank of CPT/O-3 after an interruption of appointment due to Military Sexual Trauma (MST)/assault in training. The MST left her with mental and emotional trauma in which she is receiving psychological and psychiatric services through the VA. 3. The applicant's service record shows: a. On 5 January 1988, the applicant enlisted in the Regular Army in the rank of Private (PVT)/E-1. b. DA Form 2-1 (Personnel Qualification Record) shows in Item 18 (Appointments and Reductions) – The applicant was promoted to: * Private/E-1 on 5 January 1988 * Private/E-2 on 5 June 1988 * Private First Class/E-3 on 1 December 1988 * Specialist/E-4 on 1 July 1989 * SGT/E-5 on 1 February 1991 c. Item 17 (Civilian Education and Military Schools) is void of an entry for Officer Candidate School or an Officer Basic Course attendance d. DD Form 214, ending on 4 September 1992, shows the applicant was honorably released from active duty by reason of expiration term of service. (1) Block 4a (Grade, Rate or Rank) – SGT and Block 4b (Pay Grade) –E-5. (3) Block 11 (Primary Specialty) – 75C20 (Personnel Management Specialist). (4) Block 12c (Net Active Service This Period) – 4 years, 0 months, and 0 days (5) Block 14 (Military Education) – The applicant completed the following courses: * Personnel Management Specialist, 1988 * Italian Headstart, 1989 * Tactical Army Combat Computer System (TACCS)- Standard Installation and Division Personnel Reporting System (SIDPERS) course, 1989 * Primary Leadership Development Course, 1990 e. USAREC Form 1028 (Statement for Acknowledgement, U.S. Army Reserve) dated 8 April 1993 assigned the applicant to a Troop Program Unit in military occupational specialty 75D (Personnel Records Specialist) in the enlisted pay grade of E-5. f. Orders Number C-04-314206 issued by the USAR Personnel Center, dated 20 April 1993, reassigned the applicant to the USAR Control Group (Reinforcement), effective 19 April 1993. Her rank/grade was listed as SGT/E-5. g. DA Form 4661-R (Request for Reserve Component Assignment or Attachment), dated 5 August 1993, shows the applicant requested to transfer to USAR Control Group (Annual Training) effective 1 September 1993. Her MOS was listed as 75C20 and her rank/pay grade was listed as SGT/E-5. h. Orders Number 100-8 issued by Headquarters, 80th Division (Training), Dervishian USAR Center, dated 30 August 1993, reassigned the applicant to the USAR Control Group (Reinforcement), effective 30 August 1993. Her rank/grade was listed as SGT/E-5. i. Orders Number D-01-605497 issued by the USAR Personnel Center, dated 16 January 1996, discharged the applicant from the USAR, effective 16 January 1996. Her rank/grade was listed as SGT/E-5. j. The applicant's available records are void of an oath of office, appointment memorandum, or orders commissioning her as a Reserve officer or appointing her as an officer in the Regular Army. 4. The applicant provides: a. Graduation Record, dated 1992, showing the applicant earned 12 hours during Semester Term 3 and Term 4. b. University Official Transcripts, dated 28 August 1992, showing the applicant was awarded an Associates in Arts degree. c. Honorable Discharge certificate, dated 16 January 1996. d. State University Official Academic Record, dated 26 August 1998, showing the applicant earned a Bachelor of Arts degree in Sociology in May 1994. e. State University Official Academic Record, dated 27 August 1998, showing the applicant earned a Master of Education degree in Guidance in December 1995. f. Verification of Military Experience and Training, period covering September 1998 to February 1999, showing the applicant attended the Ordnance Maintenance Management Officer Basic course from September 1998 to February 1999. g. AMC School of Engineering and Logistics, Official Transcript, dated 1 August 1999, showing the applicant attended the Maintenance Management course from 16 August 1999 to 10 December 1999. h. DD Form 215 dated 23 October 2001, correcting her DD form 214 for the period ending on 4 September 1992 which added her award of the Meritorious Service Medal and Army Commendation Medal. i. Statement of dated 13 May 2019, in which she stated: (1) She has been friends with the applicant for over 20 years and the MST that the applicant endured by the Battalion Command Sergeant Major during her deployment to Camp Darby, Italy drastically changed her spirit and personality. She witnessed the deterioration of the applicant's mental and physical state over the years, and she does not seem to be getting better. The diagnosis of Post-Traumatic Stress Disorder (PTSD), depression, anxiety and MST have taken an unfavorable toll over the applicant's life. Victims are victims regardless of reporting their MST or keeping those horrible feelings inside. That is what happened to the applicant. She was scared, young, and incapable of exposing her rapist due to his high rank. (2) The applicant shared that her ex-husbands was a senior enlisted noncommissioned officer who committed adultery during their assignment to Fort Lee. This infidelity caused the applicant to attempt suicide. (3) In 1999, the applicant was sexually assaulted by an instructor of the Officer Basic course at Aberdeen Proving Grounds. She witnessed a CPT grab and grope both of the applicant's breasts. He would not stop and had to be forced off of the applicant by other military personnel attending the event. They were wearing formal military dress blue uniforms and the event was attended by high ranking officers. The incident was both shocking and devastating, but the applicant was courageous enough to finish the last 2 weeks of training and participate in the class graduation. The CPT that assaulted the applicant was dishonorably discharged from the Army. (4) The applicant experienced both sexual assault and sexual misconduct by military personnel in accountable positions and to her knowledge, she has not received adequate counseling or legal intervention to help her manage. j. SF 180, dated 25 June 2019, in which the applicant requested her 1999 DD Form 214 and records from Aberdeen Ordnance Center and School, Aberdeen Proving Grounds Judge Advocate General (JAG), and Aberdeen Proving Grounds Law Enforcement. k. Email correspondence with dated 19 July 2019: (1) In which the applicant stated that the VA reopened her MST-PTSD case that occurred at the Officer Basic course at Aberdeen Proving Grounds. Her VA records reflected the sexual misconduct during the Dining-In. However, since she did not cooperate with the JAG investigation due to embarrassment, she never received the Final Report. She also inquired if recalled the first name of the CPT that assaulted her and the outcome of his reprimand. (2) stated that he did not remember the first name of the CPT or the official outcome of his reprimand. He recalled that the mood of the class was somber that evening. The General had to stop the ball and deploy the Brigade Tactical Command Post due to excessive drinking. The incident was not discussed outside the few lieutenants at his table, but it was relayed that the CPT acted unprofessional. He suggested that she "request a copy of the 15-6" and file a Freedom of Information Act request with Headquarters, Department of the Army. He then apologized for what the CPT put her through. l. VA Rating Decision, dated 6 January 2021, states that a special review was mandated on 23 October 2020. The applicant was granted service connection for PTSD with major depressive disorder at 50 percent, effective 2 February 2017 m. DD Form 2586, dated 13 May 2022, shows the applicant's completed training throughout her military career. n. On 28 September 2022, ARBA acknowledged receipt of the applicant's case. o. ARBA, Case Management Division letter dated 14 October 2022, requested a redacted copy of the applicant's CID and Military Police Reports from the U.S. Army Crime Records Center. p. CID Memorandum, Subject: Request for Sanitized Report of Investigation and/or Military Police Report - MST dated 20 October 2022, stated that a search of the Army criminal file indexes revealed no records pertaining to the applicant. Records are Criminal Investigative and Military Police Reports and are indexed by personal identifiers, social security numbers, dates and places of birth, and other pertinent data to enable the positive identification of individuals. q. HQDA Tasker 221017-35XS dated 19 December 2022, stated that a review of the applicant's records failed to reveal orders for promotion to Second Lieutenant/O-1 or First Lieutenant/O-2. r. Command and Staff Department, Ordnance Maintenance Management, Officer Basic Course Graduation Ceremony, undated, showed the ceremony was conducted at Aberdeen Proving Grounds and the applicant was listed as a DS civilian. BOARD DISCUSSION: 1. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. 2. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant's contentions, the military record, and regulatory guidance were carefully considered. The evidence shows the applicant served as an enlisted Soldier from 5 January 1988 to 4 September 1992, reaching the grade of SGT/E-5 on 1 February 1991. There is no evidence in the record and the applicant does not provide evidence that shows she applied for a commission, was accepted, executed an oath of office, was appointed, completed the required education, or was promoted to captain. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 1. Title 10, USC, 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 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. 2. Army Regulation (AR) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. AR 635-5 (Separation Documents) then in effect, governed the preparation of the DD Form 214. It stated that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. It stated for Item 4a (Grade, Rate or Rank) and Item 4b (Pay Grade) to enter the active duty grade or rank and pay grade at time of separation. 4. Title 10, USC, section 12203 (Commissioned officers: appointment, how made; term) states appointments of Reserve officers in commissioned grades of lieutenant colonel and commander or below, except commissioned warrant officer, shall be made by the President alone. Appointments of Reserve officers in commissioned grades above lieutenant colonel and commander shall be made by the President, by and with the advice and consent of the Senate, except as provided in section 624, 12213, or 12214 of this title. (b)Subject to the authority, direction, and control of the President, the Secretary of Defense may appoint as a Reserve commissioned officer any regular officer transferred from the active-duty list of an armed force to the reserve active-status list of a reserve component under section 647 of this title, notwithstanding the requirements of subsection (a). 5. Title 10, USC, section 1552 states the Secretary of a military department may correct any military record of the Secretary’s department when the Secretary considers it necessary to correct an error or remove an injustice. Except as provided in paragraph (2), such corrections shall be made by the Secretary acting through boards of civilians of the executive part of that military department. The Secretary concerned is not required to act through a board in the case of the correction of a military record announcing a decision that a person is not eligible to enlist (or reenlist) or is not accepted for enlistment (or reenlistment) or announcing the promotion and appointment of an enlisted member to an initial or higher grade or the decision not to promote an enlisted member to a higher grade. Such a correction may be made only if the correction is favorable to the person concerned. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007953 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1