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AF | BCMR | CY1999 | BC-1991-02031A
Original file (BC-1991-02031A.doc) Auto-classification: Denied


                            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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