Sexual Harrassment

[ruby]

How does one go to prove this occurred if there is no record of MST.

Say that someone was physically acosted but not raped. That person told someone else and convinced you to go to your OIC.

You went to your OIC and they said he is retiring in a few months this could ruin his career. So you agree to do nothing.

Then this person starts to assign you to crap jobs, KP, NCIOC school etc, you go on leave and come back and find out you have been reassigned and your career goes down hill from there.

If your only proof is those 2 people and you can't find them is it a lost cause?

[Ron II]

How does one go to prove this occurred if there is no record of MST.

[1]Say that someone was physically acosted but not raped. That person told someone else and convinced you to go to your OIC.

[2]You went to your OIC and they said he is retiring in a few months this could ruin his career. So you agree to do nothing.

[3]Then this person starts to assign you to crap jobs, KP, NCIOC school etc, you go on leave and come back and find out you have been reassigned and your career goes down hill from there.

[4]If your only proof is those 2 people and you can't find them is it a lost cause?

Are you still on active duty?

[ruby]

NO, been out for years and years, have only told a couple of people about it after the fact.

Trying to locate those people but unsuccessful at this time.

Not sure I really want to pursue this matter.

[Wings]

x

x

x

M21-1MR, Part III, Subpart iv, Chapter 4, Section H

Evidence of Personal Trauma

Personal trauma is an event of human design that threatens or inflicts harm such as

rape

physical assault

domestic battering

robbery and mugging

stalking, and

harassment.

b. Alternative Evidence of In-Service Personal Trauma

If the military record contains no documentation that personal trauma, including in-service sexual assault, occurred, alternative evidence might still establish an in-service stressful incident.

Sources of such evidence include

rape crisis center or center for domestic abuse

counseling facility or health clinic

family members or roommates

faculty member

civilian police reports

medical reports from civilian physicians or caregivers who treated the veteran immediately or sometime later

chaplain or clergy

fellow service persons, and

personal diaries or journals.

c. Evaluating the Available Evidence

Rating Veterans Service Representatives (RVSRs) must carefully evaluate all of the available evidence.

If the military records contain no documentation that personal trauma occurred, consider secondary evidence, such as

lay statements indicating increased use or abuse of leave without an apparent reason such, as family obligations or family illness, or describing episodes of depression, panic attacks, or anxiety, but no identifiable reasons for the episodes, and evidence of behavioral changes that occurred around the time of the incident, including visits to a medical or counseling clinic or dispensary without a specific diagnosis or specific ailment, use of pregnancy tests or tests for sexually-transmitted diseases around the time of the incident, sudden requests that the veteran’s military occupational series or duty assignment be changed without other justification, changes in performance and performance evaluations, increased or decreased use of prescription medications, increased use of over-the-counter medications, evidence of substance abuse such as alcohol or drugs, increased disregard for military or civilian authority, obsessive behavior such as overeating or undereating, increased interest in tests for HIV or sexually transmitted diseases, unexplained economic or social behavior changes, treatment for physical injuries around the time of the claimed trauma, but not reported as a result of the trauma, and/or the breakup of a primary relationship.

Notes: Secondary evidence may need interpretation by a clinician in personal trauma claims, especially if the claim involves behavior changes. Evidence that documents behavior changes may require interpretation in relation to the medical diagnosis by a neuropsychiatric physician.

Important: When preparing letters of notification or rating decisions in personal trauma cases, use a tone that conveys sensitivity and compassion, regardless of whether the claim is granted or denied.

d. Development Requirements for Secondary Evidence

Do not deny a PTSD claim that is based on in-service personal trauma without first advising the claimant that evidence from sources other than service medical records (SMRs), such as evidence of behavioral changes, may constitute credible supporting evidence of the stressor.

Allow the veteran the opportunity to furnish this type of evidence or indicate its potential sources.

e. Interpretation of Secondary Evidence

In personal trauma claims, interpretation of secondary evidence by a clinician may be required, especially if the claim involves behavioral changes.

Evidence that supports such behavioral changes may require interpretation in relationship to the medical diagnosis, or an opinion by an appropriate medical or mental health professional as to whether it indicates that personal trauma occurred.

Reference: For more information on VA’s responsibility to obtain secondary evidence needed to corroborate a personal trauma claim, see Patton v. West, 12 Vet. App. 272 (1999).

f. Obtaining Evidence

For more information on obtaining service records, medical treatment records, and evidence of personal trauma, see M21-1MR, Part IV, Subpart ii, 1.D.

[mountain tyme]

Hello Ruby,

I am sorry to read that you were a victim of MST while serving your country. I do have a question or two. In your thread you did not say what condition resulted from the sexual harrasment? Are you claiming s/c PTSD due to the incidents? If so then you will need a nexus.

After reading your thread there are indicator's that something was not right during your military service.

You stated: "That person told someone else and convinced you to go to your OIC."

did you go to the OIC? if so do you have any statement from that meeting? that alone would be good evidence.

2.)'Then this person starts to assign you to crap jobs, KP, NCIOC school etc, you go on leave and come back and find out you have been reassigned and your career goes down hill from there"

Ok...at any time did you write home about what was going on? if so are those letters still available...you can use letters as proof because they are considered a written record of the time.

If you were wrote us for anything esp. conduct or perhaps your dress and appearance became a issue that is a RED FLAG that something was going on.

Did you ever ask for a transfer...and have documentation that you did...as I see in your statement you were transferred do you have any record as to why?? that also would be considered by the VA.

let me see...ok it is not as hard as one may think to find people you knew in the military...I found someone vital to my claim through www.military.com they not only have a buddy finder buy a unit finder...for each branch of the military.

I went into that site and I found someone (I didn't know them at the time nor have I ever met them to this day) that verifed an incident that occurred on base at the time I was there..that proved that the incident did happen and also this person stated that the female from the lab did the crime scene...at the time I was the only female assigned to the lab...he did not remember my name but did verify that it was the female lab tech. and described what he remembered what I looked like. The VA used that as part of the evidence that s/c me.

Medical records....it is not uncommon for a female to start having female problems when they are under stress esp. when it is a MST case...GYN records from that time are revealing...also when a person male or female are being Sexual harassed or abused there will be an increase of going to the clinic (medical) those records can be revealing as well perhaps you were having trouble sleeping...or increase in headaches...or anixiety...all these if connected together will give insight...

A good Mental Health provider can look at those medical records and can gain a picture of what was going on.

Phone bills...if you started calling home more often then not...those are also indicators of a problem.

Statements from family members do have bearing on the case...and are used as evidence.

well those are some thoughts anyways...I have been down the road you are taking...and the truth will win out.

MT

[ruby]

Thanks for the reply

I have my SR that show that I was reassigned and my conduct and prof marks went down after I was reassigned and some other things. No, I don't recall telling anyone what happen per se at this time. I really never cared to talk about it. I think I can locate the person that I told and knew something happened but didn't know what, he heard me slap this person and immediately leave the premises.

It wasn't just a simple unwanted advance, I was asleep when this occurred of course it woke me up. It was the NCOIC of my unit that did it, it was the NCO that I told and knew that something was wrong. He is now a full bird and I can locate him if he is in the States.

The NCO convinced me to go to my Capt and tell him what happen just in case there were problems, he ask me if I wanted to make formal charges in one breath and then said it could destroy him in the next and he was retiring in a few months. Would I consider just dropping the matter.

The NCO got out of the service shortly thereafter. After he left is when things went from bad to worse. That's when I was assigned to KP duty, allergic to something, so I got out of that, then he signed me up for NCOIC school ( had a broken arm at the time) so I didn't do that either.

When I went home for leave for 20 days, something transpired and I was reassigned. When I got back my Capt thought it would be best if I wasn't in the office and it would look odd if they reassigned TOP.

Yes this pissed me.

I am in my new unit and all of a sudden the XO (now acting CO) ( I don't know this guy, he doesn't know me) is doing anything and everything to get me, its really bad. I am reassigned again, but now I am working for the Commanding General- It got really nasty and I decided I wasn't going to take anyones crap for any reason and I didn't.

I think that my Capt went to the XO and told him what I said and of course the NCOIC denied it and my witness is gone now, so they reassign me. Now this arse is out to get me.

I was assigned to GC for a couple of reasons, one I am the only one on base that could do a certain job and secondly, they wanted to watch me.

Lots of other things happened, I over heard a conversation I shouldn't have to the point I wrote a congressional inquiry. That inquiry would show everything it was 50 pages long.

The congressional inquiry got to Fleet Command next stop the President. They suggested to the XO he should retire now, only after I confirmed that he put in retirement papers did I drop the congressional inquiry.

Many of my medical records are missing which I think I can show a correlation to what happen to the missing records. My Ortho doc, made a note in my SMR of a conversation with this XO to the point he gave me a perm. excuse from the time I was first seen concerning wrist pain.

A couple of other Doc's were confused on why I was being put before a medical board at the XO's request--it was really bad, he changed my P & C marks to the lowest you can get--when I found this out I went ballistic, someone in my office changed them back, I was accused of changing my records.

For a year an a half it was a nightmare for me but I refused to let them get me.

When I started to read the signs and symptons of PTDS I realized that many of my issues may stem from, not necessarily the actual event, but how I was treated afterwards.

I kept a copy of the congret for years, but I believe it was destroyed in a fire. I will look again for it. I called wherever you get your SRs from and requested all my files but I didn't get the congrit.

[mountain tyme]

Ruby...

you wrote; "Lots of other things happened, I over heard a conversation I shouldn't have to the point I wrote a congressional inquiry. That inquiry would show everything it was 50 pages long.

I would say if you can find a copy of that inquiry you can prove the nexus...esp. since the inquire was elevated up the ranks.

If your copy did get lost in a fire you may still be able to get a copy of it though the congressman you wrote to or did the inquiery...even though the congressman may no longer be in office those type of offical acts are kept on file in the court house of the district he was representing so check there or call the office of the congressman that is in office at this time to see where they would have stored those records or if he can contact the congressman that helped you in a case like yours I am sure he will remember the incidents.

Also somewhere in your service records there will be something to indicate that there was an investigation. You may have to request your service personnal files though the freedom of information act...if there was a 50 page report I am sure it hit file 5 (it was shit canned) unfortunally no branch of the service wants to keep that type of paperwork around...

but there will be a referance of some kind.

keep us posted..

MT