RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 September 2005
      DOCKET NUMBER:  AR20040009508


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Lisa O. Guion                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James C. Hise                 |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughessy        |     |Member               |
|     |Mr. Patrick H. McGann             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his honorable discharge (HD) be
changed to a medical discharge due to a Post Traumatic Stress Disorder
(PTSD).

2.  The applicant states, in effect, he endures the stress from combat on a
daily basis.  He claims to have witnessed his close friends being shot down
and killed, and burned in their quarters.  He also states he was wounded
twice, which included a gunshot wound to his head.  He claims he has
constant ringing in his ears, severe headaches, blurred vision, mood
changes, dizziness, restlessness, frequent sweating, nightmares, memory
loss, a defensive distrust towards others, guilty conscience, and bursts of
anger and rage.  He also states he struck another Soldier while attending
Drill Sergeant Training, for which he was court-martialed.  He also claims
he suffers from seizures and is anti-social, and began to self-medicate
with alcohol.  He finally states that he did not receive psychiatric
treatment or have a psychiatric examination prior to his discharge from
active duty.

3.  The applicant provides a self-authored statement and three character
references in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 2 March 1970.  The application submitted in this case is dated
25 October 2004.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show he enlisted in the Army and
entered active duty on 3 March 1967.  He was trained in, awarded and served
in military occupational specialty (MOS) 70A (Clerk).
4.  The Enlisted Qualification Record (DA Form 20) shows, in Item 31
(Foreign Service), that the applicant served in the Republic of Vietnam
(RVN) from 21 July 1968 to 20 August 1969.  Item 33 (Appointments and
Reductions) shows he was promoted to the rank of staff sergeant/E-6 (SSG/E-
6) on 18 July 1969, and this is the highest grade he attained while serving
on active duty.

5.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows
that upon his return from the RVN to the Continental United States (CONUS),
the applicant was assigned in the principle duty position of drill sergeant
and served in that position from 6 October 1969 to 2 March 1970, at which
time he was honorably released from active duty.

6.  The applicant’s Military Personnel Record Jacket (MPRJ) contains a
Report of Medical Examination (Standard Form 88), dated 6 February 1970,
which documents the separation physical examination.  The applicant was
evaluated as normal in all clinical areas, to include psychiatric, and no
defects were noted by the examining physician.  The applicant was given an
111111 Physical Profile and a Physical Category of A, which indicates he
was in good health, and he was medically cleared for separation.

7.  On 2 March 1970, the applicant was honorably released from active duty
(REFRAD), by reason of expiration of term of service.  The DD Form 214 he
was issued confirms he completed a total of 3 years active military
service, and that he earned the following awards during his active duty
tenure:  Purple Heart
1st Oak Leaf Cluster; Air Medal (8th Award); Army Commendation Medal 1st
Oak Leaf Cluster with Valor (“V”) Device; National Defense Service Medal;
Vietnam Service Medal with 4 bronze service stars; RVN Campaign Medal with
1960 Device; Combat Infantryman Badge; Parachutist Badge; Aircraft Crewman
Badge; Expert Qualification Badge with Rifle Bar; RVN Gallantry Cross with
Palm Unit Citation; and RVN Gallantry Cross with bronze star.

8.  The applicant provides three character references, which all support
his request.  These statements indicate he was a well adjusted, ordinary,
typical teenage boy prior to joining the military.  However, he was not the
same person when he returned home after serving in the RVN.  The statements
further corroborate the applicant’s claim that he suffers from a PTSD, and
detail the side effects of his medical condition.

9.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 2, section VI, paragraph 2-18,
in effect at the time, provided for the separation of members by reason of
ETS.

10.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement,
or Separation) establishes the Army Physical Disability Evaluation System
(PDES) and sets forth policies, responsibilities, and procedures that apply
in determining whether a soldier is unfit because of physical disability to
reasonably perform the duties of his or her office, grade, rank, or rating.
 Chapter 3 of the physical evaluation regulation provides guidance on
presumptions of fitness.  It states that the mere presence of impairment
does not, of itself, justify a finding of unfitness because of physical
disability.  In each case, it is necessary to compare the nature and degree
of physical disability present with the requirements of the duties the
Soldier reasonably may be expected to perform because of his or her office,
grade, rank, or rating.

11.  PTSD, an anxiety disorder, was recognized as a psychiatric disorder in
1980 with the publishing of the Diagnostic and Statistical Manual of Mental
Disorders (DSM).  The condition is described in the current DSM-IV, pages
424 through 429.  The Army used established standards and procedures for
determining fitness for entrance and retention and utilized those
procedures and standards in evaluating the applicant at the time of his
discharge.  The specific diagnostic label given to an individual’s
condition a decade or more after his discharge from the service may change,
but any change does not call into question the application of then existing
fitness standards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim that his discharge should be corrected to show he
was medically discharged due to PTSD was carefully considered.  However,
insufficient evidence has been provided to support this claim.

2.  By regulation, a member must be unfit to reasonably perform the duties
of his or her office, grade, rank, or rating because of physical disability
in order to be considered for processing for a medical discharge through
the Army PDES.  The evidence of record provides no indication the applicant
suffered from a medically disqualifying condition that would have supported
his separation processing through Army PDES at the time of his separation
from active duty.

3.  The evidence of record does confirm the applicant underwent a
separation physical examination and was cleared for separation by competent
medical authority.  A PTSD diagnostic label given to his condition now,
some 35 years after his separation, does not call into question the medical
findings rendered at the time of his separation.  As a result, the evidence
presented by the applicant does not support the requested relief.

4.  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 this requirement.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 March 1970.  Thus, the time for him
to file a request for correction of any error or injustice expired on 1
March 1973.  He failed to file within the 3-year statute of limitations and
has not provided a compelling explanation or evidence to show that it would
be in the interest of justice to excuse his failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JCH _  __TEO __  __PHM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




            ____James C. Hise________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040009508                           |
|SUFFIX                  |                                        |
|RECON                   |NA                                      |
|DATE BOARDED            |2005/09/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/03/02                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |108.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]