| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Margaret K. Patterson | Member | |
| Mr. Lester Echols | Member |
APPLICANT REQUESTS: Upgrade of his discharge.
APPLICANT STATES: In effect, that the only reason he accepted the administrative discharge was because he was told it would be upgraded in 6 months, and that he was only AWOL (absent without leave). He states that he was only 18 when he was drafted, and suffered a very traumatic event prior to being AWOL. He states he was suffering from PTSD (posttraumatic stress disorder). He asks that his discharge be upgraded in order for him to receive compensation for his service connected PTSD. In support of his request, he submits a copy of his application for compensation from the VA.
EVIDENCE OF RECORD: The applicant's military records show:
He was inducted and entered active duty on 29 January 1969, at the age of 20, with 11 years of formal education, and a GT (general technical) score of 94.
In April 1969, while undergoing advanced individual training, the applicant was punished under Article 15 of the UCMJ (uniform code of military justice) for 8 days of AWOL. Following completion of training, he was assigned to Korea, where he was convicted by a special court-martial for AWOL, and punished under Article 15 of the UCMJ, also for AWOL.
The applicant returned to the United States in August 1970, and failed to report to his new unit of assignment at Fort Sill, Oklahoma. He was ultimately returned to military control in February 1971, but departed AWOL again, before disciplinary action was taken. He was dropped from the roles of the Army on
11 February 1971, but returned to military control on 25 February 1971. The applicant was subsequently convicted by a second special court-martial of AWOL.
In June 1970 the applicant's commander initiated action to administratively separate the applicant from active duty, under the provisions of Army Regulation 635-212 (unfitness), and recommended the applicant receive an undesirable discharge. The applicant consulted with counsel and waived his attendant rights. He acknowledged that he understood he might be ineligible for many, or all benefits as a veteran, if he received an undesirable discharge. He also acknowledged that he could expect to encounter substantial prejudice in civilian life, as a result of the character of his discharge.
On 2 July 1971 the applicant was discharged "under conditions other than honorable" and was issued an undesirable discharge certificate. At the time of
his separation, he had approximately 20 months of creditable service, and more than 250 days of lost time due to AWOL and confinement.
The document submitted in support of the applicant’s request does not describe the "traumatic event" which the applicant claims occurred prior to his being AWOL. His separation physical examination, conducted on 19 May 1971, is also silent regarding any traumatic event. The applicant, on his report of medical history, indicated his health was good and that he was not suffering from any sort of depression or excessive worry. His commander indicated that the applicant had undergone a mental status evaluation, but that evaluation was not in records available to Board.
Army Regulation 635-212, in effect at the time, set forth the basic authority for the elimination of enlisted personnel. Paragraph 6 of the regulation provided, in pertinent part, that an individual was subject to separation for unfitness because of frequent incidents of a discreditable nature with civil or military authorities. When separation for unfitness was warranted an undesirable discharge was normally considered appropriate.
Army Regulation 635-200 states that an honorable discharge is a separation with honor. The honorable characterization is appropriate when the quality of the soldier’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel, or is otherwise so meritorious that any other characterization would be clearly inappropriate.
In 1973 the Army Discharge Review Board denied the applicant's petition to upgrade his discharge.
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. The applicant’s contention that he was suffering from PTSD at the time he departed AWOL is not supported by any evidence submitted by him, or contained in records available to the Board.
2. The Board also notes that during the applicant’s separation processing, he acknowledged that he might not be eligible for veteran benefits as a result of an undesirable discharge. As such, the evidence of record does not support his contention that he was told that his discharge would be upgraded in 6 months.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy that requirement.
4. 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
__FNE __ __MKP__ ___LE___ DENY APPLICATION
| CASE ID | AR2001064400 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020207 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2014 | 20140018813
On 3 September 2014 in view of the foregoing information, 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 UOTHC and who have been diagnosed with PTSD by a competent mental health professional...
ARMY | BCMR | CY2014 | 20140018198
In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards 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 UOTHC and who have been diagnosed with PTSD by a competent mental health professional representing a civilian...
ARMY | BCMR | CY2010 | 20100029229
On 16 September 1971, the separation authority approved the applicant's discharge under the provisions of Army Regulation 635-212 by reason of unfitness and directed that the applicant be furnished an Undesirable Discharge Certificate. Accordingly, on 24 September 1971, the applicant was discharged. His service in Vietnam is acknowledged.
ARMY | BCMR | CY2014 | 20140019061
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 UOTHC and who have been diagnosed with PTSD by a competent mental health professional representing a...
ARMY | BCMR | CY2015 | 20150004025
Army Regulation 635-200, paragraph 3-7b, provides that a general discharge is a separation from the Army under honorable conditions. 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...
ARMY | BCMR | CY2015 | 20150007015
In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards 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 discharged UOTHC and who have been diagnosed with PTSD by a competent mental health professional representing a civilian healthcare provider in...
ARMY | BCMR | CY2004 | 20040009190C070208
Jeanette R. McCants | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. During his first Vietnam tour the applicant was advanced to pay grade E- 4 in April 1969. While PTSD was not recognized as a specific illness at the time of the applicant's separation from the service, the fact that an individual might not be fit for further military service because of psychosis, psychoneurosis, or neurological disorders was outlined in...
ARMY | BCMR | CY2014 | 20140015364
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 UOTHC and who have been diagnosed with PTSD by a competent mental health professional representing a...
ARMY | BCMR | CY2014 | AR20140008617
In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRB's) and Service Boards for Correction of Military/Naval Records (BCM/NR's) 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 (UOTHC) and who have been diagnosed with PTSD by a competent mental...
ARMY | BCMR | CY2014 | 20140016388
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 UOTHC and who have been diagnosed with PTSD by a competent mental health professional representing a...