APPLICANT REQUESTS: That his honorable discharge be corrected to a medical retirement.
APPLICANT STATES: He was diagnosed as suffering from
Post-traumatic Stress Disorder (PTSD) while on active duty, a condition caused by his being sexually assaulted by his first sergeant. Despite that diagnosis, he was not given the proper medical treatment for his condition and was not given the medical retirement for which he was entitled. He also states that the sexual assault by his first sergeant was common knowledge to personnel in his unit and resulted in his physical and mental harassment by both officers and enlisted soldiers.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 30 July 1986 with no prior service, was awarded the military occupational specialty of tank system mechanic, and was promoted to pay grade E-4.
During that enlistment he was arrested by civil authorities for driving while intoxicated and confined from 4 to 7 September 1988. He then departed AWOL, being absent from 8 to 9 September 1988. He accepted nonjudicial punishment for those infractions.
He reenlisted on 3 January 1989 with a waiver of his lost time and his NJP.
He was entered on the Army Weight Control Program, and failed to make satisfactory progress towards his weight goal. However, separation consideration was suspended when he was entered into the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) in January 1989. He continued in the ADAPCP from that date until October 1991.
On 4 May 1993 he was honorably discharged due to alcohol abuse rehabilitation failure. He had waived all of his rights in conjunction with that separation and had been determined medically qualified for separation during a final physical examination. He had 6 years, 8 months and 29 days of active service.
PTSD, an anxiety disorder, was not recognized as a psychiatric disorder until 1980 with the publishing of the Diagnostic and Statistical Manual of Mental Disorders (DSM) III. The condition is described in the DSM-III-R, pages 247 through 25l. While PTSD has only been categorized by psychiatrists as a distinct diagnosis since 1980, it has, as early as the Civil War, been described in psychological literature, variously labeled as shell shock, soldiers heart, effect syndrome, combat fatigue and traumatic neurosis. Although the current label of PTSD is of rather recent acceptance, the idea that catastrophes and tragedies can result in persistent emotional and psychological symptoms is common even among the lay public. Army Regulation 40-501 does not specifically categorize PTSD; however, it does address anxiety or neurotic disorders, which include PTSD, and provides that such disorders are unfitting only if persistence or recurrence of symptoms is sufficient to require extended or recurrent hospitalization, creates a necessity for limitations of duty or duty in a protected environment or resulting in interference with effective performance of military duty.
In the processing of this case advisory opinions (COPIES ATTACHED) were obtained from the Office of The Surgeon General (OTSG) and the Physical Disability Agency (PDA). The OTSG stated that the applicant had a history of being sexually abused by his uncle and cousin from age four to twelve, a history of abusive alcohol consumption during high school and in the early phase of his enlistment, and a history of alcoholism in his immediate family. The OTSG stated that the applicant was treated extensively for his alcoholism, but his records are incomplete on what treatment he was given for his PTSD. The OTSG concludes that there is reasonable uncertainty whether the applicant met medical retention standards due to PTSD, or whether his PTSD, which is accepted to have existed prior to his entry on active duty, was aggravated by military service.
The PDA stated in its opinion that if there were evidence to show that the applicant was sexually assaulted while he was on active duty, he would have more than likely been found physically unfit and discharged, rated 10 percent disabled. However, there is no evidence that he was sexually molested while he was in the service (no clinical treatment records or military police/criminal investigation division investigations). The PDA recommends that the applicants request be approved only if his allegation of sexual assault on active duty can be substantiated.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinions, it is concluded:
1. The applicant has a clear history of abusing alcohol and of being sexual abused dating well before his enlistment. As such, his PTSD and alcoholic tendencies clearly existed prior to his enlistment.
2. A sexual assault committed by a first sergeant and known about by both officers and enlisted soldiers would have, at the very least, resulted in an investigation. It is incomprehensible that such an assault could have occurred and not have resulted in some comment in the applicants military personnel or medical records.
3. Without evidence of the alleged assault, the applicants condition, even if it is accepted to be physically unfitting, would not constitute grounds for a medical retirement due to the presumption of its existence prior to his enlistment.
4. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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