Search Decisions

Decision Text

ARMY | BCMR | CY1980-1989 | 8809281
Original file (8809281.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, reconsideration of his previous application to correct his records by upgrading his undesirable discharge.
APPLICANT STATES : In effect that post traumatic stress disorder (PTSD) prevented him from being responsible for his actions.

 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 23 August 1989 (COPY ATTACHED).

The applicant’s contention that PTSD was the cause for his action constitutes new argument. He submits 1994 medical reports and evaluations from the Northwest Georgia Regional Hospital describing his alcohol and drug addictions and other mental and emotional problems. A letter dated July 1984 from a Cartersville Probation Officer details the applicant'”s trouble with alcohol and states he could become a law abiding citizen if he could control the alcohol addiction.

His 2 May 1972 report of medical examination for separation shows that he was found qualified for separation (and therefore for retention). In the medical history he provided for that examination he reported “excellent health.”

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. Failing evidence that, at the time of the civilian offense that led to 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, the PTSD issue does nothing to demonstrate an injustice in the discharge

2. He was being processed for separation under conditions that could have led to discharge under other than honorable conditions and was not eligible for physical disability processing. The general court-martial convening authority (GCMA) could have authorized physical disability processing based only on a finding that the disability was the cause or a substantial contribution cause of the misconduct or when specific circumstances warrant disability rather than administrative separation.

3. Prior to reaching the determination that it was not in the interest of justice to excuse the failure to timely file, the Board looked at the entire file. It was only after all other aspects had been considered and it had been concluded that there was no basis to recommend a correction of the records that the Board considered the statute of limitations. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year time limit. The Board has never denied an application simply because it was not submitted within the required time.
4. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

5. 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

Similar Decisions

  • ARMY | BCMR | CY1990-1993 | 9307187

    Original file (9307187.rtf) Auto-classification: Denied

    COUNSEL CONTENDS: Counsel concurs in the applicant’s presentation and requests that all reasonable doubt be resolved in the applicant’s favor. : 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. Had the Board determined that an error or injustice existed it undoubtedly would have recommended relief in spite of the failure to submit the application within the 3 year...

  • ARMY | BCMR | CY1980-1989 | 8302910

    Original file (8302910.rtf) Auto-classification: Denied

    NEW EVIDENCE OR INFORMATION : Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 22 June 1983 (COPY ATTACHED).The contention that he was discharged under the wrong discharge authority, and that he had a heart condition and PTSD prior to his discharge and that his post service adjustment warrants review constitutes new argument. His 24 September 1962 report of medical examination...

  • ARMY | BCMR | CY1980-1989 | 8500312

    Original file (8500312.rtf) Auto-classification: Denied

    APPLICANT STATES : In effect that post traumatic stress disorder (PTSD) prevented him from following orders. The applicant’s recent adjustments to civilian life and his parents’ concerns are noted but these matters are not so exemplary nor exceptional as to demonstrate an injustice in the discharge. In view of the foregoing, there is no basis for granting the applicant's request.

  • ARMY | BCMR | CY1995 | 9510727C070209

    Original file (9510727C070209.TXT) Auto-classification: Denied

    APPLICANT STATES: He was diagnosed as suffering from Post-traumatic Stress Disorder (PTSD) while on active duty, a condition caused by his being sexually assaulted by his first sergeant. However, separation consideration was suspended when he was entered into the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) in January 1989. DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable...

  • ARMY | BCMR | CY1980-1989 | 8209981A

    Original file (8209981A.rtf) Auto-classification: Denied

    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. DISCUSSION : Considering...

  • ARMY | BCMR | CY1990-1993 | 9207856

    Original file (9207856.rtf) Auto-classification: Denied

    NEW EVIDENCE OR INFORMATION : Incorporated herein is a summarization of the applicant’s military records prepared to reflect the Board’s original consideration of his case on 1 February 1995. A copy of the decision, by the general court-martial convening authority (GCMCA), must be forwarded with the disability case file to the physical evaluation board. While PTSD was not recognized as a specific illness at the time of the applicant's separation from the service, the fact that an...

  • ARMY | BCMR | CY2014 | 20140016226

    Original file (20140016226.txt) Auto-classification: Denied

    The applicant's wife states the applicant has been diagnosed with PTSD and clinical depression and she relates how his condition has affected both the applicant and herself. 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...

  • ARMY | BCMR | CY2015 | 20150003006

    Original file (20150003006.txt) Auto-classification: Approved

    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 | CY2015 | 20150003297

    Original file (20150003297 .txt) Auto-classification: Denied

    The applicant states his service in Korea and Vietnam led to his post-traumatic stress disorder (PTSD). 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...

  • ARMY | BCMR | CY2001 | 2001059524C070421

    Original file (2001059524C070421.rtf) Auto-classification: Denied

    APPLICANT REQUESTS : In effect, reconsideration of his application to correct his records by purging all references to his courts-martial from his records, reinstating his rank and granting him physical disability retirement. Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA...