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Decision Text

ARMY | BCMR | CY1990-1993 | 9106752
Original file (9106752.rtf) Auto-classification: Approved
2. The applicant requests that the portion of the approved special court-martial sentence which reduced him from pay grade E-7 to pay grade E-5 be set aside and his military records be corrected to reflect that he was retired in pay grade E-7.
3. He states that the sentence imposed by the special court-martial which reduced him in rank is unjust and did not take into account that he was suffering from Post Traumatic Stress Disorder (PTSD) at the time of his AWOL.

4. His military records show that he was retired by reason of physical disability on 10 March 1988 in pay grade E-5 with over 18 years of service. The highest pay grade he held was E-7. He had 362 days of lost time.

5. His awards include the Bronze Star Medal with “V” device and oak leaf cluster, the Purple Heart, the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the NCO Professional Development Ribbon, the Army Service Ribbon and the Combat Medical Badge.

6. He served 33 months during two separate tours of duty in Vietnam as a medic. His first tour was with an infantry company and the second in the burn and amputation ward of an evacuation hospital.

7. On 21 June 1984 he was reported AWOL from his unit in Germany and on 17 June 1985 he voluntarily returned to military control at Fort Ord, California.

8. On 12 December 1985 he pleaded not guilty to the charge of AWOL before a special court-martial. He was found guilty and sentenced to be reduced to pay grade E-5 and to forfeit $400.00 per month for 6 months. In addition, the military judge recommended that he receive treatment for PTSD.

9. On 24 June 1986 a medical evaluation board diagnosed him as having three disorders. The primary diagnosis was that he was suffering from PTSD, chronic, moderate, treated and partially improved, and manifested by traumatic and stressful experiences in Vietnam, resulting in recurrence and intrusive recollections of those events. The secondary diagnosis indicated that he was suffering from dysthymic disorder, chronic, moderate, treated and partially improved, manifested by chronic, recurrent depressed mood, loss of self-esteem, decreased attention/concentration, social withdrawal, excessive anger, restlessness, tearfulness, and recurrent thoughts of death. The approximate dates of origin for both the primary and secondary disorders were determined to be October 1967 and both were considered to have been in the line of duty. The third diagnosis was mixed substance abuse, chronic, moderate, treated, manifested by continued use of alcohol and earlier use of hallucinogens and a wide variety of other non-prescribed medications over a period of 10 years. The board recommended that he be referred to a physical evaluation board.

10. On 9 July 1986 a physical evaluation board determined that he was unfit for retention and recommended that he be retired. He was first placed on the temporary disability retired list on 8 January 1987 and later permanently retired in pay grade E-5 with a 50 percent disability rating.

CONCLUSIONS :

1. The evidence presented to his court-martial seemed to indicate that the applicant suffered from PTSD and was not in control of his behavior at the time of his AWOL.

2. The punishment of the court-martial was too harsh and may not have considered the extent of his illness since the diagnosis of PTSD and its affects may not have been fully appreciated at that time.

3. His record shows that he provided honorable, and in fact, outstanding service during his Army career as exemplified by his serving almost 3 years in Vietnam, receiving a Bronze Star Medal for valor and reaching pay grade E-7 after only 11 years of service.

4. In view of the foregoing, the applicant's records should be corrected as recommended below:

RECOMMENDATION :

That all of the Department of the Army records related to this case be corrected:

         a. by showing that the court-martial sentence that reduced the individual concerned from pay grade E-7 to pay grade E-5 is set aside and he is retired in pay grade E-7; and

         b. by showing that his name was placed on the retired list in pay grade E-7 on 8 January 1987 and by awarding him any retired pay due from the date of his placement on the retired list.

BOARD VOTE :

GRANT AS STATED IN RECOMMENDATION

GRANT FORMAL HEARING

DENY APPLICATION




                 
                  CHAIRPERSON

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