IN THE CASE OF:
BOARD DATE: 25 November 2008
DOCKET NUMBER: AR20080011084
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of the Board's denial of her request to remove the narrative reason for her discharge.
2. The applicant states that she never took illegal drugs while in the military as evidenced by the fact that she never tested positive on a urinalysis test. She continues that she never drank alcoholic beverages before she enlisted, and after she enlisted she only drank a couple of beers at company barbeques. She says that she didn't tell anybody about being raped in Germany by her supervisor because she was deeply traumatized by the rape and beating she endured. She started drinking alcoholic beverages to excess only after she was raped because she drank to forget being raped.
3. The applicant provides Department of Veterans Affairs (VA) documents which show that she reported being raped while in the Army and that she was awarded a disability rating by the VA for Post-Traumatic Stress Disorder (PTSD). These documents show her initial treatment by the VA for symptoms related to an alleged rape was 27 March 2001.
4. The applicant also provides military progress notes which show that on 19 July 1980 a physician stated that she had problems other than alcoholism; a chronological record of medical care dated 4 February 1980 which shows she had been found lying on the floor in an open bay of the barracks kicking and
screaming, and had just attempted to jump out of a window. The physician continued that the applicant had overdosed on "speed" and alcohol three weeks earlier.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080004024 on 22 May 2008.
2. In the Board's first consideration of this case, the Board found that the applicant was honorably discharged on 23 July 1980 for alcohol and other drug abuse. The Board concluded that there was no evidence to show that the applicant was raped while on active duty, and the applicant did not mention being raped when she submitted a rebuttal to her commander's notification of his intent to recommend her discharge for alcohol and other drug abuse. As such, the Board concluded that the applicant had been properly discharged and there was no basis to delete the narrative reason for the applicant's discharge.
3. The documents provided by the applicant are new evidence and require that the Board reconsider her case.
DISCUSSION AND CONCLUSIONS:
1. The military medical records provided by the applicant do not make any mention of the applicant being raped. Also, contrary to the applicant's contention that she never took drugs while on active duty, one medical record stated that the applicant had overdosed on "speed" and alcohol three weeks earlier.
2. With no record of the applicant being raped while on active duty, and the first report of the rape occurring almost 21 years after her discharge, there is insufficient basis to show that the applicant was raped while on active duty.
3. However, whether or not the applicant had been raped would not change the validity of her discharge. She was a rehabilitation failure in the Army's Alcohol and Drug Abuse Prevention and Control Program. Therefore, there is no basis to change the narrative reason for her separation.
BOARD VOTE:
________ ________ ________ 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20080004024 dated 22 May 2008.
__________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.
ABCMR Record of Proceedings (cont) AR20080011084
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ABCMR Record of Proceedings (cont) AR20080011084
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