ADDENDUM TO
RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 91-02031
INDEX CODE: A68.00
COUNSEL: NEW JERSEY DEPARTMENT
OF VETERANS AFFAIRS
HEARING DESIRED: YES
_________________________________________________________________
APPLICANT REQUESTS THAT:
His bad conduct discharge (BCD) be upgraded to honorable.
_________________________________________________________________
RESUME OF THE CASE:
On 27 Nov 91, the Board considered and denied an application for
correction of military records pertaining to the applicant, in which
he requested that his other than honorable discharge (BCD) be upgraded
to honorable (see AFBCMR 91-02031, with Exhibits A through D).
_________________________________________________________________
APPLICANT CONTENDS THAT:
He suffered from post-traumatic stress disorder that was not included
in his upgrade request.
In support of his appeal, the applicant provided statements from
counsel and a clinical social worker, which are at Exhibit E.
_________________________________________________________________
AIR FORCE EVALUATION:
Pursuant to the Board’s request, the BCMR Medical Consultant, reviewed
the applicant’s most recent submission and recommended denial.
According to the Medical Consultant, the term Post-Traumatic Stress
Disorder (PTSD) has come into psychiatric parlance since the Vietnam
era, so was not a recognized disorder at the time of the applicant’s
discharge. Battle fatigue, shell shock, and other descriptive terms
were formerly used to define fighting forces who suffered from
debilitating psychiatric trauma in combat situations. PTSD is now
recognized as a condition that prevails when an individual
reexperiences an extremely traumatic event accompanied by symptoms of
increased arousal and by avoidance of stimuli associated with the
trauma. The disorder may be associated with irritability or outbursts
of anger, self-destructive and impulsive behavior, and hostility among
other characteristics.
The Medical Consultant indicated that while the applicant may have
suffered a major traumatic experience in his year in Southeast Asia,
his records are devoid of any corroborating evidence to support a
contention that he suffered from (unknown) PTSD. His special court-
martial conviction in May 68 (for assault of a superior NCO) came just
four months after his arrival in Vietnam and pre-dated by a month the
death of his friend that was supposedly the trigger event for his
alleged PTSD. This being the case, it is difficult to reconcile the
current appeal based on supposed psychiatric problems. Indeed, the
psychiatric consultation in Aug 70 indicated the applicant was
cognizant of right and wrong and suffered no psychiatric condition
that would have accounted for his behavior. In the Medical
Consultant’s opinion, no change in the applicant’s record is
warranted.
A complete copy of the Medical Consultant’s evaluation is at Exhibit
F.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
In his response which he provided through his counsel, the applicant
indicated he believes that, prior to and after his court-martial, he
was being persecuted. He also believes that stress caused by various
sources combined with his war experiences aggravated his PTSD. He had
no knowledge that he was absent without leave (AWOL), and that he was
on emergency leave because his brother had been murdered and set on
fire and he had to identify the body. He hopes the Board will
carefully consider the additional matters he has submitted and
appreciates the opportunity to give his perspective on the issues that
led to his discharge and to his illness of PTSD.
Applicant’s complete response and additional documentary evidence are
at Exhibit H.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. In earlier findings, we determined that there was insufficient
evidence to warrant any corrective action regarding the applicant’s
request for upgrade of his bad conduct discharge. We have reviewed
the applicant’s most recent submission in which he asserts that the
misconduct leading to the punitive discharge was the result of a post-
traumatic stress disorder. However, we do not find the documentation
sufficient to override the rationale provided by the BCMR Medical
Consultant. Nor are we inclined, based on the evidence presented, to
act favorably based on clemency at this time. In view of the
foregoing, we adopt the Medical Consultant’s rationale and conclude
that no basis exists to recommend favorable action on the applicant’s
request.
2. The applicant's case is adequately documented and it has not been
shown that a personal appearance with or without counsel will
materially add to our understanding of the issues involved.
Therefore, the request for a hearing is not favorably considered.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not
demonstrate the existence of probable material error or injustice;
that the application was denied without a personal appearance; and
that the application will only be reconsidered upon the submission of
newly discovered relevant evidence not considered with this
application.
_________________________________________________________________
The following members of the Board considered this application in
Executive Session on 2 Sep 99, under the provisions of AFI 36-2603:
Mr. Terry A. Yonkers, Panel Chair
Dr. Gerald B. Kauvar, Member
Mr. Joseph A. Roj, Member
The following additional documentary evidence was considered:
Exhibit E. Letter, counsel, dated 27 Mar 97, w/atchs.
Exhibit F. Letter, BCMR Medical Consultant, dated 29 Sep 98.
Exhibit G. Letter, SAF/MIBR, dated 1 Oct 98.
Exhibit H. Letter, counsel, dated 24 Nov 98, w/atchs.
TERRY A. YONKERS
Panel Chair
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