IN THE CASE OF:	  

		BOARD DATE:	       29 January 2009

		DOCKET NUMBER:  AR20080015454 


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, in effect, reconsideration of his earlier request to upgrade his bad conduct discharge.

2.  The applicant states that he believes that he was suffering from post traumatic stress disorder (PTSD) and this affected his actions.

3.  The applicant provides a letters of support from two Vietnam veterans, a Cherokee Nation Tribal Council member, a minister, his father, a tribal veterans affairs officer, and approximately 19 pages of current health care records. 

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 AR20070010091, on 6 December 2007.

2.  The supporting documents submitted by the applicant are new evidence that requires Board reconsideration of the case.

3.  The applicant enlisted on 31 January 1968.  Starting on 6 July 1968 he served in Vietnam with a construction engineer company where he was awarded the Army Commendation Medal and promoted to specialist five (SP5)/pay grade
E-5).

4.  On 5 January 1970 he completed his tour in Vietnam and returned to the United States; shortly thereafter becoming a chronic absentee.  He was subsequently separated with a bad conduct discharge on 7 February 1972.  He had 406 day of absence without leave (AWOL).

5.  The supporting documents submitted by the applicant consist of the following:

	a.  one Vietnam veteran writes that upgrading the applicant's discharge would make him eligible for Department of Veterans Affairs (VA) medical services;

	b.  the other credits the applicant's AWOL to the way "the public" treated Vietnam veterans in the late 1960's and early 1970's and thinks that making him eligible for VA medical care would be "the honorable thing";

	c.  the tribal council member states that the applicant made a mistake four decades ago and that his having access to VA healthcare would be a blessing;

	d.  the minister states that the applicant is a good person, a trustworthy and honorable man who does not gossip or listen to gossip;

	e.  the applicant's father appealed to a United States Senator for help because the applicant never received his discharge;

	f.  the tribal veterans affairs officer asked for health documents showing diagnosis and treatment for PTSD; and

	g.  the health records show that, in January 2008, the applicant was referred by the tribal veterans affairs officer for a PTSD evaluation, the initial diagnosis was PTSD; subsequently, diagnoses of recurrent, severe, major depressive disorder and continuous alcohol abuse were added.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his bad conduct discharge should be upgraded because he was suffering from PTSD.

2.  There is no available evidence to show that PTSD or any other psychological, behavioral or personality problem played any part in the AWOL's that led to the applicant's discharge.


3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement

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 AR20070010091, dated 6 December 2007.



      ________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)                                         AR20080015454



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ABCMR Record of Proceedings (cont)                                         AR20080015454



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