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ARMY | BCMR | CY1980-1989 | 8209981A
Original file (8209981A.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE:     
         DOCKET NUMBER:   AC82-09981A
         AR1999016289

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Loren G. Harrell Director
Ms. L. L. Harrison Analyst


The following members, a quorum, were present:

Mr. Chairperson
Mr. Member
Mr. Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

APPLICANT REQUESTS: In effect, reconsideration of his previous application to correct his records by upgrading his discharge to honorable.

APPLICANT STATES: In effect, his discharge should be upgraded to honorable for the time he spent in the service and under the circumstances of his condition. He served over two years in the Army without one blemish on his record until he went to Vietnam and spent two months and was burned and scared for life. He had second and third degree burns and then he was suffering from a nervous disorder which is now diagnosed as post tramatic stress disorder (PTSD). He has to take medication the rest of his life and can no longer work.

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case on 15 June 1983 (COPY ATTACHED).

The contention that he was suffering from a nervous disorder which is now diagnosed as PTSD constitutes new argument not previously considered by the Board.

PTSD, an anxiety disorder, was not recognized as a psychiatric disorder until 1980 with the publishing of the Diagnostic and Statistical Manual of Mental Disorders (DSM) III. The condition is described in the current DSM-IV, pages 424 through 427. While PTSD has only been categorized by psychiatrists as a distinct diagnosis since 1980, it has, as early as the Civil War, been described in psychological literature, variously labeled as shell shock, soldier's heart, effect syndrome, combat fatigue and traumatic neurosis. Although the current label of PTSD is of rather recent acceptance, the idea that catastrophes and tragedies can result in persistent emotional and psychological symptoms is common even among the lay public. Army Regulation 40-501 does not specifically categorize PTSD; however, it does address anxiety or neurotic disorders, which include PTSD, and provides that such disorders are unfitting only if persistence or recurrence of symptoms is sufficient to require extended or recurrent hospitalization, creates a necessity for limitations of duty or duty in a protected environment or resulting in interference with effective performance of military duty.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. There is no evidence in the record that, at the time of his discharge, the applicant was suffering from a mental or emotional defect so severe that he could not tell right from wrong and adhere to the right, therefore, the PTSD
issue does nothing to demonstrate an injustice in the discharge.

2. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis or the Board to reverse its previous decision.

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE
:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                                                      Loren G. Harrell
                                                      Director



INDEX

CASE ID AC
SUFFIX
RECON YYYYMMDD
DATE BOARDED YYYYMMDD
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.




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