ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 17 September 2021 DOCKET NUMBER: AR20200006395 APPLICANT REQUESTS: change the narrative reason for her 1982 separation from "Trainee Discharge Program - Pregnancy" to "Military Sexual Trauma/Post Traumatic Stress Disorder." APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Personal Statement * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Department of Veterans Affairs - Behavioral Health Medical Opinion - Disability Benefits Questionnaire * Department of Veterans Affairs - Post-Traumatic Stress Disorder - Disability Benefits Questionnaire FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code, section 1552(b); however, the Army Board for Correction of Military Records (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 she was separated due to pregnancy, which is not considered service-connected. She asks for this narrative reason to change to "Military Sexual Trauma/Post Traumatic Stress Disorder." Both reasons are directly service-connected which "results to evidence of related marker of pregnancy." In November 1981, she was sexually abused and assaulted by Sergeant (SGT) , at. SGT impregnated her after the sexual assault. The child support documents in her Department of Veterans Affairs (VA) file from the perpetrator and father of her son, supports the military sexual trauma. She adds in a personal statement: a. She is requesting the Board to consider correction of her DD Form 214. On February 8, 1982, she received an Honorable Discharge from the Army. The narrative reason for separation states "Trainee Discharge Program - Disqualification Pregnancy" which is not considered as service-connected and causes limitations to all entitled benefits through the VA. In November, 1981, she was sexually assaulted and impregnated by SGT AN in the barracks at Fort Jackson. All documentations have been provided to the VA and she is currently being 100% compensated. b. She was a young 18 year old black recruit on a mission to one day become one of the first black female Army General. But her dreams and military career was sabotaged by SGT with inappropriate behavior (Sexual Abuse & Assault), which caused Pregnancy and the delivery of her son). Today, she continues to suffer from the Military Sexual Trauma and have been currently and previously diagnosed with PTSD & Insomnia that she endured from the rape. c. She is currently receiving Mental Health treatment with these medications, (Celexa 40mg, Doxepin 50mg, Amitriptyline 50mg, Lamotrigine 25mg, & Prasozin 5mg )to treat the PTSD & Insomnia at Veterans Hospital in. She has also been considered to have one or more serviced connected disabilities. Her combined service-connected rating is 100% which has been considered to be totally and permanently disabled due solely to MST & PTSD with Insomnia. Therefore, she finds it to be injustice for her discharge not to be upgraded to a service-connected separation. d. She has enclosed is the Compensation and Pension Exam (17 pages) stating the diagnosis of PTSD with Insomnia Disorders resulting from Military Sexual Trauma to support that an error does exists in her military records. 3. The applicant’s service records are not available for review. An exhaustive search was conducted to locate the service records but they could not be found. The only documents available were the documents provided by the applicant. These documents are sufficient for the Board to conduct a fair and impartial review of this case. 4. Review of the applicant's DD Form 214 shows: a. She enlisted in the Regular Army on 24 September 1981. She was assigned to Fort Jackson, SC for training b. There is no indication she completed training or was awarded a military occupational specialty. c. She was honorably discharged from active duty on 8 February 1982 under the Trainee Discharge Program (TDP), in accordance with paragraph 5-33b of Army Regulation (AR) 635-200 (Personnel Separations) due to medical disqualification - pregnancy. She completed 4 months and 15 days of active service, and she was assigned Separation Code JET. d. There is no indication she petitioned the Army Discharge Review Board for review of her discharge processing within that board's 15-year statute of limitations. 5. On 19 February 2021, in response to a Request for Sanitized Report of Investigation (ROI) and/or Military Police Report (MPR) for Official Purposes –-[Applicant], the Director of Crime Records Center, U.S. Army Criminal Investigation Command (CID), stated a search of the Army criminal file indexes utilizing the information provided revealed no records pertaining to [Applicant]. 6. The applicant responded to this CID letter and stated: a. The Military Sexual Assault, Rape & Pregnancy that she endured at Fort Jackson in November 1981, was reported to the Chain of Command at that time. The Army did not follow its own rules and regulations by not reporting the rape to the proper authorities like the Military Police. Therefore the Criminal Investigative/Military Police Report would not reveal "No Records" pertaining to the rape that she endured. She was violated by Drill Sergeant with Rape, Pregnancy and Threats. Also by the United States Army as well for not protecting a young 18-year old recruit with dreams of becoming one of the first black African-American female General's in the Army. b. She was not protected like she took an oath to protect this country. Her dreams were wrongfully sabotaged by Drill Sergeant AD whom she took orders from, trusted, and serving her country with. After reporting the sexual assault, she was removed from D Company to E Company, then to the US Army Transfer Point and received her DD Form 214 with reason for separation "Disqualification Pregnancy" which is an error, injustice and inequity in my discharge. Upon enlisting in the Army, he received a full entry physical examination from head to toe with a pregnancy examine and test. She passed the physical examination and received, "Negative Pregnancy Results" to be approved and considered to enter into the Army. She has already provided the VA with evidence and supporting documents like the Negative Pregnancy Exam including Physical Results, Paternity Order and Child-Support payments paid to the State of Child Support Agency on behalf of her son by his father Drill Sergeant . c. Form an equity standpoint: Army officials at Fort Jackson failed to provide her with equal treatment. The reason for separation, "Disqualification Pregnancy" was unfair and injustice. Military Sexual Trauma (MST) is the cause, and PTSD with Insomnia are the symptoms that she is still experiencing today are consider service-connected conditions, not Disqualification Pregnancy. d. Form a propriety standpoint, the Army did not properly followed its own rules and regulations for her discharge. After the military sexual assault occurred and was reported to the Chain Of Command, they failed to prosecute, strip his position, court- martial, fire, and dishonorably discharge, Drill Sergeant for his inappropriate behavior. He abused his power of authority and sexually abuse and impregnated me. And the military failed to protect her like she took an oath to protect her country against all enemies foreign and domestic. e. Issue: The narrative issue is that she did not come into the military pregnant. She completed and passed a physical, pregnancy examine and urine test. She passed all three to be enlisted into the Army and to take an oath. She was raped and impregnated by an NCO . That's a profound injustice that no man or woman who volunteers to defend America should even have to endure. Drill Sergeant AN was responsible for individual training, supervision and development of initial entry training soldiers like her. He was responsible for ensuring that standards are met to provide the Army with disciplined, physically and morally fit Soldiers, competent in warrior core tasks, who can fight and win regardless of MOS; coordinates and integrates logistics maintenance, and safety in all platoon operations. He was supposed to exemplify the warrior ethos, the Army values and demonstrate an example for all Soldiers to follow. Not use his power of authority to sexually assault and impregnate an innocent young black female trainee by sabotaging her dreams and military career. f. From the rape, she had a son to care for alone and he has reminded her every day of the rape that she endured. To have my reason for separation changed/upgraded to MST (Military Sexual Trauma), would be accountability, justice and some closure for her. 7. By regulation (AR 635-200), paragraph 5-33 of this regulation, in effect at the time, governed the Trainee Discharge Program (TDP). This program provided for the separation of enlisted personnel who lacked the necessary motivation, discipline, ability or aptitude to become productive Soldiers or have failed to respond to formal counseling. The regulation essentially requires that the service member must have voluntarily enlisted; must be in basic, advanced individual, on-the-job, or service school training prior to award of a military occupational specialty and must not have completed of more than 179 days of active duty on the current enlistment by the date of separation. 8. By regulation (AR 635-5-1), Separation Code "JET" is the appropriate code to assign Soldiers who were separated under the provisions of paragraph 5-33b, AR 635-200, by reason of "Trainee Discharge Program - Pregnancy Disqualification." 9. Service-connection is a term used by the VA, and is the way that VA recognizes that a disability is related to a veteran’s military service in some way. 10. MEDICAL REVIEW: a. The applicant is applying to the Army Board for Correction of Military Records (ABCMR) for change the narrative reason for her 1982 separation from "Trainee Discharge Program - Pregnancy" to "Military Sexual Trauma/Post Traumatic Stress Disorder." b. The applicant states she was separated due to pregnancy, which is not considered service-connected. She asks for this narrative reason to change to "Military Sexual Trauma/Post Traumatic Stress Disorder." Both reasons are directly service- connected which "results to evidence of related marker of pregnancy." In November 1981, she was sexually abused and assaulted by Sergeant (SGT) , at Fort Jackson, SC. SGT impregnated her after the sexual assault. The child support documents in her Department of Veterans Affairs (VA) file from the perpetrator and father of her son, supports the military sexual trauma. c. The ABCMR Behavioral Health (BH) Advisor was asked to review this case. Documentation reviewed includes: * DD Form 149 (Application for Correction of Military Record) * Personal Statement * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Department of Veterans Affairs - Behavioral Health Medical Opinion - Disability Benefits Questionnaire * Department of Veterans Affairs - Post-Traumatic Stress Disorder - Disability Benefits Questionnaire d. VA electronic medical record, Joint Legacy Viewer (JLV) was reviewed. e. A review of the Armed Forces Health Longitudinal Technology Application (AHLTA) & Health Artifacts Image Management Solutions (HAIMS) were not reviewed as they were not in use at the time of service. f. The ABCMR Record of Proceedings details the applicant’s military service and the circumstances of the case. The ROP indicates that the applicant entered military service on 24 September 1981and was discharged on 8 February 1982 under the Trainee Discharge Program (TDP), in accordance with paragraph 5-33b of Army Regulation (AR) 635-200 (Personnel Separations) due to medical disqualification - pregnancy. g. The applicant adds in a personal statement: She is requesting the Board to consider correction of her DD Form 214. On February 8, 1982, she received an Honorable Discharge from the Army. The narrative reason for separation states "Trainee Discharge Program - Disqualification Pregnancy" which is not considered as service-connected and causes limitations to all entitled benefits through the VA. In November, 1981, she was sexually assaulted and impregnated by SGT in the barracks at Fort Jackson. All documentations have been provided to the VA and she is currently being 100% compensated. h. She was a young 18 year old black recruit on a mission to one day become one of the first black female Army General. But her dreams and military career was sabotaged by SGT with inappropriate behavior (Sexual Abuse & Assault), which caused Pregnancy and the delivery of her son). Today, she continues to suffer from the Military Sexual Trauma and have been currently and previously diagnosed with PTSD & Insomnia that she endured from the rape. i. She is currently receiving Mental Health treatment with these medications, (Celexa 40mg, Doxepin 50mg, Amitriptyline 50mg, Lamotrigine 25mg, & Prasozin 5mg )to treat the PTSD & Insomnia at Veterans Hospital in. She has also been considered to have one or more serviced connected disabilities. Her combined service- connected rating is 100% which has been considered to be totally and permanently disabled due solely to MST & PTSD with Insomnia. Therefore, she finds it to be injustice for her discharge not to be upgraded to a service-connected separation. j. She has enclosed is the Compensation and Pension Exam (17 pages) stating the diagnosis of PTSD with Insomnia Disorders resulting from Military Sexual Trauma to support that an error does exists in her military records. k. JLV contain a Behavioral Health diagnosis of PTSD. l. An encounter dated 31 OCT 2018 notes: Veteran was seen as a same day referral from her PCP. She is establishing care at the VA today. She stated that she has been receiving mental health treatment from the community for several years, and now wishes to establish care here. Veteran is 70% SC for PTSD and is an MST victim. m. Another encounter dated 18 DEC 2018 notes: Veteran reports that she was sexually assaulted while in the military. Veteran states that he son was the product of the raped. Veteran states that her life has not been the same since the sexual assault. Veteran states that she has been unable to maintain any employment since military discharge. n. The applicant is 100% service connected for PTSD/MST. o. After reviewing the available information and in accordance with the 3 Sep 2014 Hagel Liberal Consideration Memorandum and the 25 Aug 2017 Clarifying Guidance, it is the opinion of the Agency Behavioral Health advisor that the applicant has a mitigating diagnosis of PTSD due to MST. The applicant has a service connection of 100% (PTSD-70%). Under liberal guidance, PTSD due to MST is a mitigating factor for her Trainee Discharge. It is the recommendation of the this BH advisor that the characterization of the applicant’s discharge remain Honorable and the narrative reason be changed to “Secretarial Authority”. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that some relief was warranted. The applicant’s contentions, the military record, a medical review, and regulatory guidance were carefully considered. The Board concurred with the medical advising official’s findings and recommendation to mask the applicant’s reason for separation. However, the Board agreed Secretarial Authority is appropriate, as the applicant’s requested reason is not authorized under regulatory guidance. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by issuing the applicant a new DD Form 214 for the period ending 8 February 1982 showing in: * item 25 (Separation Authority): Army Regulation 635-200, paragraph 5-3 * item 26 (Separation Code): JFF * item 28 (Narrative Reason for Separation): Secretarial Authority 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to any further relief. 2/15/2022 X CHAIRPERSON 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, United States Code, 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 Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 (Personnel Separations) sets forth the basic authority for the separation of enlisted personnel from the Army. Paragraph 5-33 of this regulation, in effect at the time, governed the Trainee Discharge Program. This program provided for the separation of service members who lacked the necessary motivation, discipline, ability or aptitude to become productive Soldiers or have failed to respond to formal counseling. The regulation essentially requires that the service member must have voluntarily enlisted; must be in basic, advanced individual, on-the-job, or service school training prior to award of a military occupational specialty and must not have completed of more than 179 days of active duty on the current enlistment by the date of separation. The regulation provided that Soldiers may be separated when they have demonstrated that they are not qualified for retention due to failure to adapt socially or emotionally to military life; cannot meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self- discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service. 3. Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214. The regulation in effect at the time established SPD code "JET" as the appropriate code to assign Soldiers who were separated under the provisions of paragraph 5-33b, Army Regulation 635-200, and established the narrative reason for separation for these members as "Trainee Discharge Program - Pregnancy Disqualification." 4. On 3 September 2014, the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations, and mitigating factors, when taking action on applications from former service members administratively discharged under other than honorable conditions, and who have been diagnosed with PTSD by a competent mental health professional representing a civilian healthcare provider in order to determine if it would be appropriate to upgrade the characterization of the applicant's service. 5. On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs and BCM/NRs when considering requests by Veterans for modification of their discharges due in whole, or in part, to: mental health conditions, including PTSD; TBI; sexual assault; sexual harassment. Boards were directed to give liberal consideration to Veterans petitioning for discharge relief when the application for relief is based in whole or in part to those conditions or experiences. The guidance further describes evidence sources and criteria, and requires Boards to consider the conditions or experiences presented in evidence as potential mitigation for that misconduct which led to the discharge. 6. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief on the basis of equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS//