RECORD OF PROCEEDINGS
AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS
IN THE MATTER OF: DOCKET NUMBER: 02-02361
INDEX CODE: 126.04
COUNSEL: DAV
HEARING DESIRED: NO
_________________________________________________________________
APPLICANT REQUESTS THAT:
The punishment imposed upon him under Article 15, Uniform Code of Military
Justice (UCMJ), 18 September 1974 and 10 September 1975 be set aside and
that he be adequately compensated for lost wages, pain and suffering, and
lost benefits.
_________________________________________________________________
APPLICANT CONTENDS THAT:
Regarding the Article 15 he received on 13 September 1974, he was denied
due process and his initials were forged on the document. Regarding the
second Article 15 he received on 9 September 1975, the social security
number on the document does not belong to him. He claims that he was
ordered to sign the form while suffering from Post Traumatic Stress
Disorder (PTSD). He states that neither his representative nor the Air
Force looked at his records properly in 1981. These discriminatory actions
should not go unchecked.
In support of the applicant’s claim, he provided a copy of AF Form 1168,
Statement of Military Suspect, dated 13 September 1974, AF Form 3070, dated
9 September 1975 and other documentation.
Applicant’s complete submission, with attachments, is at Exhibit A.
_________________________________________________________________
STATEMENT OF FACTS:
On 21 August 1974, the applicant enlisted in the Regular Air Force in the
grade of airman basic for a period of four (4) years.
On 13 September 1974, the applicant was notified of his commander’s intent
to impose nonjudicial punishment upon him for the following: Having
received a lawful order from your first lieutenant, your superior
commissioned officer, to sign a statement acknowledging understanding of
the motivation briefing did, at Lackland Air Force Base, Texas, on or about
11 September 1974, willfully disobey the same in violation of the Uniform
Code of Military Justice, Article 90.
After consulting with counsel, applicant waived his right to a trial by
court-martial, did not submit a written presentation in his behalf;
however, he requested to make an oral presentation and that it be public.
On 18 September 1974, he was found guilty by his commander who imposed the
following punishment: 30 days correctional custody.
On 9 September 1975, the applicant was notified of his commander’s intent
to impose nonjudicial punishment upon him for the following: You did, at
K.I. Sawyer Air Force Base, Michigan:
a. On or about 2 September 1975, without authority, fail to go
at the time prescribed to your appointed place of duty, to wit: Building
502, FTD Building.
b. On or about 3 September 1975, without authority, fail to go
at the time prescribed to your appointed place of duty, to wit: Building
502, FTD Building.
c. On or about 4 September 1975, without authority, fail to go
at the time prescribed to your appointed place of duty, to wit: Building
502, FTD Building.
After consulting with counsel, applicant waived his right to a trial by
court-martial, did not request a personal appearance and did not submit a
written presentation.
On 10 September 1975, he was found guilty by his commander who imposed the
following punishment: reduction to the grade of airman basic, with a new
date of rank of 10 September 1975.
The Airman Performance Report rendered for the period 21 August 1974
through 21 August 1975 reflected a rating of “7”.
On 16 September 1975, applicant was notified of his commander's intent to
initiate discharge action against him for unsuitability. The commander
indicated that the reason for the recommended action is his apathetic and
defective attitude as evidenced by his misconduct.
The commander advised applicant of his right to consult legal counsel,
submit statements in his own behalf, or waive his rights after consulting
with counsel.
On 3 October 1975, after consulting with counsel, the applicant waived his
right to submit statements in his own behalf.
On 9 October 1975, the Assistant Staff Judge Advocate recommended the
applicant be discharged under the provisions of AFM 39-12, paragraph 2-4c,
without probation and rehabilitation, and that he be issued a general
discharge.
On 22 October 1975, the discharge authority approved applicant’s discharge.
On 31 October 1975, the applicant was discharged in the grade of airman
basic. He received a general (under honorable conditions) discharge under
the provisions of AFM 39-12 (Unsuitability – Apathy/Defective Attitude).
He served 1 year, 2 months and 11 days of total active military service.
On 8 May 1981, The Air Force Discharge Review Board (AFDRB) considered and
denied the applicant’s request to upgrade his discharge to honorable and to
change his Reenlistment Eligibility (RE) code. They concluded that the
discharge was consistent with the procedural and substantive requirements
of the discharge regulation and was within the sound discretion of the
discharge authority and that the applicant was provided full administrative
due process. The Board concluded that the discharge should not be changed.
The Board could find no matters of record or any information submitted by
the applicant to warrant a recharacterization of discharge. The
applicant’s marginal performance record and substantially documented
infractions of regulations clearly indicate the character of service. The
case was transferred to the Air Force Board for Correction of Military
Records (AFBCMR) and on 30 August 1982, the applicant was notified that his
case was denied.
_________________________________________________________________
AIR FORCE EVALUATION:
AFLSA/JAJM recommended denial. They indicated that the applicant contends
that he was denied procedural and substantive due process. He claims he
was suffering from the side effects of prescription medications throughout
the periods involved (but does not describe how that might have impacted
his abilities or actions). With respect to the 1974 Article 15 action, he
claims that his initials were “forged” on the entry waiving his right to
appeal (although, he does not contend that any of the ten other items
initialed on that document or his subscriptions on each page are
forgeries). With respect to the 1975 Article 15 action, he claims that the
handwritten entries attributed to him are in two different handwritings
(but he does not specify which, if any, he believes is authentic). He also
(accurately) points out that his social security number (correctly entered
on page 1 of the Article 15 document, AF Form 3070) is incorrectly entered
on the second page. He (mistakenly) contends that associated paperwork
indicates his race and rank incorrectly. Finally, he contends that racial
prejudice, in some unspecified way, was a factor in each Article 15 action.
The applicant offers no explanation or other evidence in support of his
naked claim of prejudice.
The applicant presented some, if not all, of the same arguments in his
prior unsuccessful applications for relief. His claim of racial prejudice
was rejected as unsubstantiated and the actions taken in his case were
determined to be equitable and not unduly harsh. The applicant,
nevertheless, requests that the Article 15 actions involved be set aside.
Ordinarily, applicants must file an application within three years after
the error or injustice was discovered, or with due diligence, should have
been discovered. An application not timely filed may be denied on that
basis, although the untimely filing may be excused in the interest of
justice. The nonjudicial punishment actions were completed in 1974 and
1975, and the applicant was discharged on or about 31 October 1975. Thus
his application, filed on 18 July 2002, is well outside the three-year
statute of limitations. As an explanation for the delay, the applicant
notes: “This Veteran suffers from PTSD caused by racial discrimination
while in the USAF and should be made whole.” The only evidence of PTSD in
the application is an Axis I diagnosis of “alcohol, cocaine and marijuana
depn., r/o major depression & PTSD” made on 27 February 2002, when the
applicant was entered into a substance abuse treatment program.
Apparently, PTSD was ruled out, as it does not appear in any subsequent
diagnosis records. Moreover, on the date the applicant states he
discovered the alleged error or injustice, the applicant was still in
treatment. The medical records the applicant provided make no mention of
such a discovery.
Nonjudicial punishment is permitted by Article 15 and governed by the
Manual for Courts-Martial and Air Force regulations. This procedure
permits commanders to dispose of certain offenses without trial by court-
martial unless the service member objects. Service members first must be
notified by their commanders of the nature of the charged offense, the
evidence supporting the offense, and of the commander’s intent to impose
nonjudicial punishment. The service member may then consult with a defense
counsel to determine whether to accept nonjudicial punishment proceedings
or demand trial by court-martial. Accepting the proceedings is simply a
choice of forum; it is not an admission of guilt.
A member accepting nonjudicial punishment proceedings may have a hearing
with the commander. The member may have a spokesman at the hearing, may
request that witnesses appear and testify, and may present evidence. The
commander must consider any information offered during that hearing and
must be convinced by reliable evidence that the member committed the
offense before imposing punishment. Members who wish to contest their
commander’s determination or the severity of the punishment imposed may
appeal to the next higher commander. The appeal authority may set aside
the Article 15, set aside the punishment, decrease its severity, or deny
the appeal. Nonjudicial punishment does not constitute a criminal
conviction.
Despite his claim to have been denied his procedural rights, clearly, the
applicant was properly afforded the opportunity to choose his forum, to
exercise his right to counsel and to present evidence in defense,
extenuation or mitigation. Indeed, he exercised those rights as he saw fit
in both Article 15 actions.
His claim, made 25 years after the fact, that some entries were forged in
the pertinent documents is not substantiated. First, to the untrained eye,
the entries identified by the applicant do not appear markedly different
from those whose authenticity he does not contest. Second, none of the
contested entries (or other errors or irregularities) deal with any right
or issue involving the applicant’s choice of forum or the commander’s
ultimate determination of guilt or innocence. Finally, at the time
involved, the applicant was uniquely positioned to identify purported
forgeries or other errors and obliged to make them known to proper
authority so that appropriate (and timely) investigation or other action
could be taken. Accordingly, the fact that the applicant waited so long to
raise this claim underscores its lack of merit.
With respect to applicant’s general claim to have been under the influence
of medication at the time involved, he offers few specifics. He cites two
medications reflected in his medical records at the time, aspirin and
Robaxin, and provides their respective entries (including potential side
effects) in the PDR Family Guide to Prescription Drugs. The listed side
effects are all physical in nature ranging from heartburn to itching.
Neither entry lists any mental, emotional, or psychological side effect for
the medications involved, or any effect that could conceivably have
impaired the applicant’s judgment or conduct. Certainly, other than
applicant’s current assertion, again, made 25 years after the fact, there
is not contemporary or other evidence provided in support of his claim that
medication played any role in the matters involved. Indeed, if the side
effects of any medication were so extreme as to impact the process, it
seems likely that such effects would have been observed, noted and
addressed by the other parties involved. The absence of any such evidence
further undercuts the applicant’s belated claim.
Applicant’s remaining claim, racial prejudice, is unsupported by any
evidence whatsoever. As stated above, it was first raised twenty years ago
and found to be unsubstantiated then. Not only is no new evidence offered,
no supporting evidence or explanation for this claim, of any kind, is
provided by the applicant. Clearly, it too is without merit.
With his decision to concur in each commander’s decision to address the
allegations in the nonjudicial punishment forum, the applicant necessarily
vested the commanders with the fact-finding power in the case. The
applicant did or had the opportunity to make arguments in defense,
extenuation and mitigation at the time. Each commander considered the
arguments in defense, extenuation and mitigation at the time. Each
commander considered the arguments offered, weighed the severity of the
offenses and determined that the punishment imposed was warranted. While
different fact finders may have come to different conclusions, there is no
evidence that the commanders’ findings were either arbitrary or capricious
or should, at this late date, be disturbed. After reviewing the evidence
before him, each commander determined that there was sufficient evidence
that the accused committed one or more of the offenses charged. Those
decisions were subject to appeal by the applicant, who waived that right.
The commander’s decisions withstood the scrutiny of legal review at the
time, and, subsequently, before the Discharge Review Board and (upon prior
application) the Air Force Board for Correction of Military Records.
The applicant should not prevail here absent clear error or injustice. The
burden of proof rests with the applicant to show the commander erred. He
has clearly (and repeatedly) failed to produce any persuasive evidence to
carry that burden. The punishment imposed by each commander was well
within the parameters set out in applicable instructions. On its face,
there is no evidence that it was unjust or disproportionately harsh given
all the facts and circumstances before each commander.
A set aside should only be granted when the evidence demonstrates an error
or a clear injustice. The evidence presented by the applicant is not
sufficient to mandate the relief requested, and does not demonstrate an
equitable basis for relief. After reviewing the available records, they
conclude no legal errors exist requiring corrective action and do not
recommend relief. Additionally, as the applicant did not file his request
in a timely manner, they recommend the Board assert the statute of
limitations and deny the application.
The evaluation is at Exhibit C.
The BCMR Medical consultant recommended denial. He indicated that the
Department of Veterans Affairs medical records are available for review and
indicate that the applicant reported beginning his use of alcohol and
marijuana at age 18 (some documentation reports age 16) but had no problems
with alcohol or drug abuse while in the military (27 February 2002 VA
documentation). He was hospitalized 16-20 April 1999 for alcohol and
cocaine abuse. The narrative summary indicated that the applicant had been
in a substance abuse program the prior year. No history of depression or
PTSD was noted in this hospitalization report. His discharge diagnosis was
cocaine and alcohol abuse. No other psychiatric diagnoses were rendered.
He was again hospitalized 23 and 24 July 1999 for alcohol and cocaine
detoxification and readmitted on 28 July 1999. The July 28 through 4
August 1999 psychiatric hospitalization reported diagnoses of Alcohol
Dependence, Cocaine Dependence and Substance induced mood disorder.
Progress notes during the 28 July – 4 August 1999 hospitalization indicate
that post service he was married but that his wife died in 1979 (motor
vehicle accident). He had fathered 2 children with another woman whom he
never married. Apparently following his discharge from the Air Force he
reportedly worked in an AT&T plant as an electrician until approximately
1996 when the plant was closed and he lost his job (other documents
indicate he worked in other electronic and communications related jobs for
Texas Instruments, GTE Telephone, and the railroad). This hospitalization
reports that the applicant started drinking alcohol at age 17 and drank
regularly for 2 to 3 years but then stopped for 20 years. He resumed
drinking alcohol in approximately 1996 and began using cocaine the same
year. He had symptoms of depression in 1998 associated with a suicide
attempt by overdose. Following his discharge from the inpatient unit on 4
August 1999, he participated in outpatient drug rehabilitation therapy
pending a scheduled 1 September 1999, admission for inpatient
rehabilitation. The applicant entered intensive inpatient substance abuse
rehabilitation in September 1999 and was discharged to the VA Domiciliary
(living facility for veterans undergoing rehabilitation) for continued
intensive outpatient treatment that included medical evaluations and
vocational rehabilitation. When he was released in April 2000, his
discharge diagnoses included: cocaine dependence, THC and alcohol abuse,
homelessness with lack of income, depressed mood, and a history of a
positive TB test treated with 6 months of medication in the past.
Additional information noted a civil conviction for domestic violence and
that in the motor vehicle accident that killed his wife in 1979 he was the
driver of the vehicle.
Following his April 2000 discharge from the VA rehabilitation program there
are no VA records until 6 February 2002, when he represented the VA
hospital with a chief complaint of “I need to get in Dom” (Domiciliary),
recurrent cocaine and alcohol abuse for 4 to 5 months with symptoms of
anxiety and feeling overwhelmed, unable to get shelter, and expressing
thoughts of suicide without a plan. He declined inpatient treatment, but
instead wanted admission into the Domiciliary. He was entered into
outpatient treatment and admitted to the Domiciliary on 21 February 2002.
A 27 February 2002 psychology evaluation rendered diagnoses of alcohol,
cocaine and marijuana dependence and “Rule out major depression and PTSD,”
however, subsequent progress notes no longer listed any diagnosis other
than substance abuse.
The applicant provides a copy of a psychiatry note from the Mountain Home
VA Medical Center dated 21 February 2002 in which he reports that he was
beaten by 3 men with M-16s while at his last duty station. Review of the
service medical record finds no entries for treatment for any injuries.
This 21 February 2002 psychiatry note indicates that the applicant has
diagnoses of Major Depression, Alcohol Dependence, and Cocaine Dependence.
No diagnosis of PTSD, past or current is mentioned.
Following discharge from the Air Force his wife died in a motor vehicle
accident in which he was reported to be the driver. He held a variety of
jobs and became unemployed in 1996 when he began to abuse alcohol and
cocaine. Following 1996 he experienced considerable social and
occupational problems relating to his substance abuse resulting in repeated
hospitalizations and intensive substance abuse rehabilitation.
Although the Robaxin prescribed on 17 and 18 September 1974 may cause
drowsiness, blurred vision, dizziness, headache, lightheadedness, fever,
rash, and gastrointestinal upset, there is no evidence that the applicant
experienced any of these side effects. Further, his misconduct on 11
September 1974 preceded the date he received this medication (17 and 18
September). He contends that when he signed the order to correctional
custody on 18 September 1974 his judgment was impaired by the Robaxin,
however, it is unlikely that this was the case. Furthermore, there is no
evidence he was prescribed any medications after September 1974 that would
affect his level of alertness and contribute to his continued misconduct or
interfere with his ability to understand and respond to his punishment and
administrative discharge.
The applicant contends he had Post Traumatic Stress Disorder (PTSD) while
on active duty due to mistreatment related to racial discrimination. The
service medical record including his separation physical finds no reported
symptoms to suggest PTSD. Department of Veterans Affairs (DVA) medical
records document substance abuse and a history of depression after 1996.
The DVA records indicate that there was no history of mental illness prior
to 1996. A single February 2002 DVA psychology note raises the possibility
of PTSD or depression at that time, but subsequent records entries do not
list any diagnosis other than substance abuse. The medical issues raised
by the applicant are without merit.
The evaluation is at Exhibit D.
_________________________________________________________________
APPLICANT'S REVIEW OF AIR FORCE EVALUATION:
The applicant reviewed the evaluation and indicated that the advisory
opinions seek to downplay important issues in this case, which are his
service record with the Air Force, their actions and the actions of the
AFDRB. The death of his wife and the birth of his children serves no
purposes in this case. He has admitted that he is suffering from trauma
associated with his addiction to pain medications that were dispensed to
him by the Air Force. These attacks on his character are irrelevant and
inaccurate. These medical issues have never been addressed by the AFDRB
contrary to the AFLSA/JAJM this is his first application to the AFBCMR.
Thus, these medical issues have never been addressed by the AFBCMR.
He entered BMT at Lackland AFB, Texas on August 21, 1974 after being
involved in a motor vehicle accident. He was 18 years old and suffering
from injuries associated with that accident. He was taking prescribed pain
medications during that time. Eight days later, he was admitted to the
Intermediate Care Facility for an upper viral illness with enlarged
tonsils. He was prescribed pain medications and nasal spray by the
Practitioner. Five days later, he was seen by the Physician Assistant for
injuries associated with the motor vehicle accident. The injuries were
aggravated by the physical demands expected of him in basic training and he
was prescribed more pain medications. On 11 September 1974, during a
motivation briefing his ears were ringing and buzzing and he was
experiencing severe drowsiness and loss of hearing. One of the NCOs
started screaming at him. At that point he was so confused that he has no
knowledge of the rest of that day. He understands now that he overdosed on
the pain medications and the loss of hearing and confusion were part of the
symptoms. Prior to 11 September 1974, contrary to the BCMR Medical
Consultant’s presumptions, he had no performance difficulties.
On 17 September 1974, he was seen by the same practitioner, for a second
visit, for injuries associated with a fall at the local skating rink and
was prescribed more pain medications which included several doses of a
combination of Robaxin and aspirin. To sufficiently relieve the pain, he
consumed all of the available medications prescribed in one day. He then
felt he was becoming addicted due to the quantities of medication it took
to relieve the pain. On 18 September 1974, he reported to sick call to
obtain a refill and was seen for a third time by the same Practitioner who
had to have known that he was over medicated, yet he prescribed more pain
medications. Later that day he was escorted to the Commander’s office
where he was instructed to sign orders. Those orders advised him of his
right to appeal. He chose to appeal the punishment however, his request
was denied. He was then escorted to jail.
Applicant’s complete response, with attachments, is at Exhibit F.
_________________________________________________________________
THE BOARD CONCLUDES THAT:
1. The applicant has exhausted all remedies provided by existing law or
regulations.
2. The application was not timely filed; however, it is in the interest
of justice to excuse the failure to timely file.
3. Insufficient relevant evidence has been presented to demonstrate the
existence of probable error or injustice warranting the punishment imposed
upon him under Articles 15, Uniform Code of Military Justice (UCMJ), on 18
September 1974 and on 10 September 1975 be set aside. Applicant’s numerous
contentions regarding racial discrimination and the side effects of
medication contributing to his misconduct are duly noted; however, we find
no evidence that the Article 15 actions taken against the applicant were in
error or unjust. In this respect, the applicant was offered and accepted
nonjudicial punishment for failing to obey a lawful order by a superior
commissioned officer and for failing to report to duty at the time
prescribed on three separate occasions. Therefore, we believe the
commanders were in the best position to weigh the evidence in the case and
judge the applicant’s credibility and demeanor throughout the proceedings
before rendering their decisions. There is no indication the commanders
abused their discretionary authority when assessing the merits of the
cases. In view of the foregoing, we agree with the opinions and
recommendations of the Air Force, in particular, the Associate Chief,
Military Justice Division, and adopt their rationale as the basis for our
conclusion that the applicant has not been the victim of an error or
injustice. Therefore, in the absence of evidence to the contrary, we find
no compelling basis to recommend granting the relief sought in this
application.
_________________________________________________________________
THE BOARD DETERMINES THAT:
The applicant be notified that the evidence presented did not demonstrate
the existence of 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 AFBCMR Docket Number 02-02361
in Executive Session on 11 February 2003, under the provisions of AFI 36-
2603:
Mr. David C. Van Gasbeck, Panel Chair
Mr. Billy C. Baxter, Member
Mr. Brenda L. Romine, Member
The following documentary evidence was considered:
Exhibit A. DD Form 149, dated 18 July 2002, w/atchs.
Exhibit B. Applicant's Master Personnel Records.
Exhibit C. Letter, AFLSA/JAJM, dated 19 September 2002.
Exhibit D. Letter, AFBCMR Medical Consultant,
dated 7 November 2002.
Exhibit E. Letter, SAF/MRBR, dated 6 December 2002.
Exhibit F. Letter, Applicant, undated.
DAVID C. VAN GASBECK
Panel Chair
ARMY | BCMR | CY2012 | 20120021973
The applicant requests his bad conduct discharge be upgraded to a general discharge under honorable conditions and that he receive veterans benefits. He is receiving disability social security due to medical diagnoses that the Army failed to diagnose or treat. The physical and mental conditions discussed in the Social Security Administration's Office of Disability Adjudication and Review Decision were diagnosed over 30 years after his discharge from the service.
USMC | DRB | 2009_Marine | MD0901154
Furthermore, the NDRB found documentation that the Applicant withheld pertinent information with regards to his pre-service history of anxiety and additional drug usage besides marijuana upon enlistment.In verifying the Applicant’s PTSD, the NDRB found in the Applicant’s PDHA of 27 September 2005, that there was nothing noted by the Applicant or the Health Care Provider to suggest a referral or an additional follow-up appointment was required. ” Additional Reviews : After a document review...
AF | PDBR | CY2009 | PD2009-00227
At the VA examination 2 months after separation, the CI was non-compliant with PTSD medications and continued with substance abuse (Alcohol, Cocaine, and Marijuana). The CI’s vertigo was noted in the NARSUM and multiple treatment notes. RECOMMENDATION : The Board recommends that the CI’s prior separation be recharacterized to reflect that, rather than discharge with severance pay, the CI was placed on the TDRL at 60% for a period of 6 months (PTSD at 50% IAW §4.129 and DoD direction) and...
AF | PDBR | CY2012 | PD2012 00424
He was issued a permanent L3 profileandreferred for a Medical Evaluation Board (MEB).Cognitive disorder; personality change due to concussive head injury; depressive disorderand anxiety disorder conditions, identified in the rating chart below, were also identified and forwarded by the MEB.The Physical Evaluation Board (PEB) adjudicated the muscle Group XII shrapnel and fasciotomy injury with residual muscle fatigue/lack of endurancecondition as unfitting, rated 20%, with application of the...
ARMY | BCMR | CY2015 | 20150001589
Records show he served in Iraq during the following periods: * 6 February to 3 July 2003 * 21 October 2005 to 20 October 2006 * 8 June 2008 to 4 September 2009 3. It was concluded that the applicants mild sleep apnea that corrects to a normal AHI and Epworth Score with CPAP meets Army retention standards IAW AR 40-501, chapter 3-41c. He reported headaches at a pain level of 6/10, which improved to 3/10 with Maxalt medication.
ARMY | BCMR | CY2014 | 20140019455
In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations and mitigating factors when taking action on applications from former service members administratively discharged under other than honorable conditions and who have been diagnosed with PTSD by a competent mental health...
ARMY | BCMR | CY2013 | 20130004766
He also reported problems with sleeping and difficulty concentrating. On 20 April 2010, he attended a PTSD therapy session where a licensed clinical social worker stated he had PTSD and follow-on diagnoses clearly showed the applicant had Axis I PTSD and MDD. The applicant and counsel believe he should have received a medical retirement for his various medical conditions due to being granted a VA disability rating for his service-connected conditions.
ARMY | BCMR | CY2012 | 20120011102
The evidence of record shows the applicant was screened for a drug and substance abuse program on 31 March 2003, almost a year prior to his deployment to Kuwait/Iraq on 19 March 2004. There is no evidence and he has not provided any evidence to show that PTSD caused his misconduct or that he was diagnosed with PTSD while he was in the military. The conviction and discharge were effected in accordance with applicable laws and regulations and the discharge appropriately characterizes the...
ARMY | BCMR | CY2015 | 20150003209
The applicant's record does not contain and he has not provided any evidence that shows he was diagnosed with PTSD-like symptoms during his military service or that shows he was diagnosed with PTSD after his military service. In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical...
ARMY | BCMR | CY2015 | 20150006896
d. Counsel requests that the Board upgrade his discharge based on the fact that the misconduct which led to his UOTHC discharge was directly and causally related to his PTSD - a condition caused by his service which was not diagnosed at the time of discharge. This traumatic event led to even more alcohol/drug abuse and misconduct. The psychiatrist stated the applicant's symptoms of PTSD existed at the time of his discharge and mitigate his misconduct.