RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 June 2005
      DOCKET NUMBER:  AR20040006963


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that her discharge be changed to a medical
retirement.

2.  The applicant states that her post-traumatic stress disorder (PTSD) was
caused by gross negligence on the part of the Army by failing to protect
female Soldiers from predation.  The Army failed to provide her with safe
living quarters. It failed to provide safe and thorough medical care after
the basic training assault.  The doctor who performed her separation
physical was not chaperoned by a female nurse.  She was continually
subjected to sexual harassment without recourse or help.  The psychologist
did not show up for the appointment right before her discharge.

3.  The applicant states that she was totally naïve about the use of date-
rape drugs.  One assault by a drill sergeant put her in the hospital for
four days.  The misdiagnosis of the GBH (gamma hydroxybutyrate) overdose
cost her justice.  She was also drugged by a Fort Ord, CA, military
policeman when he asked her to dinner and then put Rohypnol in her drink.
When she went for her separation physical, the civilian doctor gave her
valium when she told him how sick and nervous she was.  He erected a huge
curtain between them.  He ordered the female nurse to leave.  Then she felt
him stick his penis in her after the examination.  She could not move.

4.  The applicant states that she only recently got her medical records
that document her injuries and symptoms.  She needs to know what avenues
she has available.

5.  The applicant provides a Standard Form (SF) 6 (Abbreviated Clinical
Record) dated 3 February 1982; an SF 510 (Nursing Notes) dated 3 and 4
February 1982; an SF 512 (Vital Signs Record) dated 3 through 6 February
1982; two SFs 513 (Consultation Sheet), both dated 4 February 1982; a DA
Form 3847-1 (Inpatient Treatment Record Cover Sheet) dated 6 February 1982;
a Report of Medical Examination dated 6 August 1982; and a Social Security
Administration Earnings Record.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel did not complete a review of the applicant's case within the given
time frame.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 1 December 1981.

2.  On 3 February 1982, the applicant was hospitalized for four days for
what was diagnosed as acute respiratory disease.

3.  On or about 19 February 1982, the applicant completed basic training
and departed en route to advanced individual training at the Defense
Language Institute, Presidio of Monterey, CA.

4.  On 6 August 1982, the applicant completed a Flying Class II physical
preparatory to assignment to the U. S. Military Academy Preparatory School
as a Cadet Candidate.  Item 48 (EKG) indicated she had been found to have a
marked sinus bradycardia (slow heartbeat); however, she was found qualified
for Flying Class II.

5.  On or about 11 August 1982, the applicant was assigned to the U. S.
Military Academy Preparatory School.  She was reassigned for an unknown
reason and returned to the Defense Language Institute, Presidio of
Monterey, CA with a reporting date of 30 September 1982.

6.  On 29 November 1982, the applicant received a physical profile for
being pregnant.  On 1 December 1982, she requested separation.  On 7
December 1982, the appropriate authority approved her request and directed
she be separated with an honorable characterization of service and
transferred to the Individual Ready Reserve.

7.  On 13 December 1982, the applicant was released from active duty under
the provisions of Army Regulation 635-200, chapter 8 for pregnancy and
transferred to the U. S. Army Reserve Control Group (Annual Training).

8.  The applicant apparently filed a U. S. Army Criminal Investigation
Command (CID) complaint in 2004.

9.  Army Regulation 635-40 governs the evaluation of physical fitness of
Soldiers who may be unfit to perform their military duties because of
physical disability.  The unfitness is of such a degree that a Soldier is
unable to perform the duties of his office, grade, rank or rating in such a
way as to reasonably fulfill the purposes of his employment on active duty.
 It states that the mere presence of an impairment does not, of itself,
justify a finding of unfitness because of physical disability.

DISCUSSION AND CONCLUSIONS:

1.  The Board empathizes with the applicant's experiences while in the
Army; however, there is no evidence to show she was unable to perform her
duties due to a physical disability.  There appears to be no basis on which
to correct her records to show she was medically retired.

2.  It appears the applicant has taken one avenue, contacting CID,
concerning her experiences.  She may also contact the Army's Sexual
Harassment/Abuse Assistance Line at 1-800-267-9964.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __phm___  __lmd___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented does not demonstrate the
existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.




            _Margaret K. Patterson
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040006963                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050621                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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