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P. Simmons
P. Simmons, Military Lawyer
Category: Military Law
Satisfied Customers: 33911
Experience:  Retired Marine Corps lawyer and Veterans Services Officer (VSO) with 12+ yrs. of experience.
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My daughter was raped while in her barracks at Camp Pendleton,

Customer Question

My daughter was raped while in her barracks at Camp Pendleton, May 19, '07. The men covered her eyes while she was sleeping, worn condem, gloves and never spoke. I flew there and talked w/ the investigator for a number of days. After I returned home I stayed in contact and after time I was told there was no evidence and no persons of interest.

On her DD214 under the narrative reason for separtion it say "Personality Disorder". After a lot of research I found that rape falls under the catogory of PTSD. My second attempt to get this changed resulted in a letter stating there was inadequate documentation as required by reference for the diagnosis of PTSD. Further into the letter it says "Additionally, no evidence of the cutaneous residuals that might have been expected from such an assault as described is noted; and unfortunately, much supportive evidence had, reportedly, been disposed of (and no attempt at retrieval made initially).

Please help me, thank you. Karen Osborne
Submitted: 7 years ago.
Category: Military Law
Expert:  P. Simmons replied 7 years ago.
Thanks for the chance to assist and very sorry for this mess.

You mention your letters in attempt to get this "changed"...can you tell me who you contacted? The Board of Corrections of Naval Records or some other department?

What is your goal at this point?
Customer: replied 7 years ago.

I contacted the Board for Correction of Naval Records and W. Dean Pfeiffer, Executive Director replied.

 

My goal is to have her DD214 narrative reason changed to PTSD not "personality disorder". She is not bi-polar or anything like that. Even on the paper work that stated her disability amount they used the term PTSD.

 

I am affaird down the road that reason may cause her some problems, even though it says she was "honorable" discharged.

Expert:  P. Simmons replied 7 years ago.
Thanks

And yes, I agree that if you can change this narrative reason for separation, you should, as this may be an issue in the future.


A few more questions please

1. In your contact with BCNR, did she file a formal request to modify the record by filing a DD 149?

2. Did the military perform a medical separation board? Was this where the PTSD diagnosis came from?
Customer: replied 7 years ago.

I believe she did fill out a DD 149, I am at work and all the paper work is at home.

 

I do believe they did do a medical separation, she saw so many people and the last military was at Fairchild Air Force base, due to living in north Idaho. And in all the reports from them it was stated PTSD and that is why I believe the reason should be changed.

Expert:  P. Simmons replied 7 years ago.
Thanks

OK, let me give you the bad news first. PTSD is, techincally, a personality disorder. It can be found in the DSM IV (the manual that doctors use to diagnose mental conditions) as a disorder. So she has an uphill battle from the start.

The other bit of bad news is that if she has filed the DD149 already to the BCNR, then she can only re-apply to the BCNR IF she can show new evidence not covered in the orginal submission.

Now, that said, you say

My second attempt to get this changed resulted in a letter stating there was inadequate documentation as required by reference for the diagnosis of PTSD. Further into the letter it says "Additionally, no evidence of the cutaneous residuals that might have been expected from such an assault as described is noted; and unfortunately, much supportive evidence had, reportedly, been disposed of (and no attempt at retrieval made initially).



If she was med boarded and diagnosed with PTSD, this would certaily address the response

"there was inadequate documentation as required by reference for the diagnosis of PTSD."

SO she may be able to use this to get the BCNR to re-open the case.

I think, at a minimum, if this disorder was caused by the military (seems to me it was) then it may be possible to have the narrative changed to "personality disorder-PTSD"

Now, this portion here

Additionally, no evidence of the cutaneous residuals that might have been expected from such an assault as described is noted; and unfortunately, much supportive evidence had, reportedly, been disposed of (and no attempt at retrieval made initially).


Is troubling...since it seems that the board is saying "we do not believe this was a rape". That may be the root of this whole thing. IF you do appeal this, it would serve you well to address this...find some way of convincing the board that there was a rape...the standard is low...more likely than not...but she will need to present some evidence to the board.

To have the greatest chance for success you should consider working with an attorney that can help you assemble the package you will submit. A google search under "military lawyer upgrade discharge" will net you several prospects...I would talk to several to see if one can be of help...but understand this is a long shot...beware of promises.



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