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ARMY | BCMR | CY2006 | 20060005892C070205
Original file (20060005892C070205.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060005892


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. John M. Moeller               |     |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 reconsideration of his previous application to
upgrade his undesirable discharge (UD) to an honorable discharge.

2.  The applicant states, in effect, he was young when sent to Vietnam and
was wounded six months after his arrival.  He was not permitted to return
to the field following being wounded and reacted poorly and
inappropriately.  He is ashamed of his actions and is now a minister living
an upright life.  He asks that he be forgiven for the errors of his youth.

3.  The applicant provides copies of a 12 page Mental Health Outpatient
Progress Note related to his treatment for post traumatic stress disorder
(PTSD) and a statement from his wife.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were
summarized in the previous consideration of the applicant's case by the
Army Board for Correction of Military Records (ABCMR) in Docket Number
AR20050009923, on 4 April 2006.

2.  The applicant's wife relates that she has known the applicant since
before he entered active duty and has been married to him for 39 years.
She relates that the applicant was a changed man after his return from
Vietnam.  He was no longer an outgoing person.  He does not talk about the
war.  She states that despite being a minister, he still has bad periods
and that the longest they have been able to live in one place is their
current home of 12 years.

3.  The medical records, provided by the applicant, consist of progress
notes for visits covering the period of April 2005 through April 2006.  The
records indicate the applicant is being treated for PTSD and he is
improving.  His medication levels for depression have been slowly reduced.

4.  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 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.  During the period of time in question, similar psychiatric
symptomatology was categorized as hysterical 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.  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 Regulation 40-501 which was in
effect at the time of his separation.  The Army established standards and
procedures for determining fitness for retention and utilized those
procedures and standards in evaluating individuals at that time.  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.  There is no evidence in the available records, including the current
medical progress notes submitted by the applicant, which would indicate
that the applicant complained of, suffered from, or was treated by medical
personnel for any nervous condition of any type while he was serving on
active duty; that he was unable to distinguish right from wrong; or that he
was unable to adhere to the right.

2.  The available evidence fails to show the applicant was suffering from a
mental or emotional defect so severe that he could not understand right
from wrong and adhere to the right and the PTSD issue does not demonstrate
an injustice occurred.

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 this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JMM__  __PMS__  _KAN  ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of
the ABCMR set forth in Docket Number AR20050009923, dated 4 April 2006.




                                  __   Kathleen A. Newman____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR9220060005                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061219                                |
|TYPE OF DISCHARGE       |UD                                      |
|DATE OF DISCHARGE       |19690207                                |
|DISCHARGE AUTHORITY     |AR 635-212. . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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