RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 June 2007
      DOCKET NUMBER:  AR20070002163


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dean A. Camarella             |     |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 earlier request to
upgrade his discharge.

2.  The applicant states, in a letter to the Secretary of Defense, that he
believes the Army Board for Correction of Military Records (ABCMR)
incorrectly failed to reconsider his request in December 2006 because he
did introduce new evidence.  He feels the ABCMR did not take into
consideration the psychiatric evaluation and the article on post-traumatic
stress disorder (PTSD) that he submitted.

3.  The applicant states he served his country well during Vietnam as a
combat medic.  He was in the field with the Soldiers.  They were short of
combat medics at the time, so he was going on patrols every morning,
afternoon, early evening, and at night.  It was very stressful.  The
article on PTSD explains the problems that arise from his disability.  It
was because of the PTSD that he acted the way he did.  He knew he had
problems, but the military doctors at that time told him there was nothing
wrong with him.  They know better now.

4.  The applicant provides a 7 March 2005 psychiatric evaluation report and
a Department of Veterans Affairs article entitled “What is Posttraumatic
Stress Disorder?”

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
ABCMR in Docket Number AR2004104074 on 9 November 2004.

2.  The applicant provides new evidence that will be considered by the
Board.

3.  The applicant enlisted in the Regular Army on 2 November 1970.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 91A (Medical Corpsman).  He served
in Vietnam from on or about 23 April 1971 through on or about 25 February
1972; however, neither his DA Form 20 (Enlisted Qualification Record) nor
any documents from that period of service are available.  His DA Form 2-1
(Personnel Qualification Record) shows he had been awarded the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal with device 1960, and
the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

4.  The applicant last reenlisted on 23 April 1976 for 6 years.  He was
promoted to Staff Sergeant, E-6 on 16 May 1977.  On or about 1 August 1980,
he was assigned to the 41st Combat Support Hospital, Fort Sam Houston, TX.

5.  On 27 August 1981, the applicant accepted nonjudicial punishment (NJP)
under Article 15, Uniform Code of Military Justice (UCMJ) for failing to go
to his appointed place of duty.

6.  On 8 October 1981, the applicant accepted NJP under Article 15, UCMJ
for failing to go to his appointed place of duty.

7.  On 22 February 1982, charges were preferred against the applicant
charging him with being absent without leave (AWOL) from on or about 19
January 1982 to on or about 18 February 1982.

8.  On 5 May 1982, after consulting with legal counsel, the applicant
voluntarily requested discharge under the provisions of Army Regulation 635-
200, chapter 10 for the good of the serivc4 in lieu of trial by court-
martial.  He was advised of the effects of a discharge under other than
honorable conditions and that he might be deprived of many or all Army and
Veterans Administration benefits.  He elected not to submit a statement in
his own behalf.

9.  The action of the approval authority is not available.  On 27 May 1982,
the applicant was discharged with a discharge under other than honorable
conditions under the provisions of Army Regulation 635-200, chapter 10.  He
had completed 5 years, 9 months, and 26 days of creditable active service
during his last enlistment with 98 days of lost time due to AWOL and/or
confinement and a total of 11 years, 2 months, and 27 days of creditable
active service.

10.  On 9 November 2004, in ABCMR Docket Number AR2004104074, the
applicant’s request to upgrade his discharge to honorable, based upon his
PTSD and post-service good conduct, was denied.

11.  The applicant provided a 7 March 2005 psychiatric evaluation report.
This report reveals that the applicant related he was stationed with the
Americ[al] Division in Vietnam and “kids would try to sell us stuff.  Our
commander set explosives which went off in the middle of the night killing
a number of the kids.”  He related that they were under constant fire, and
he saw many of his fellow Soldiers being wounded, injured, and killed.  He
related that on another occasion a chaplain came out to visit, and as the
chaplain took off to leave a mortar round took out the helicopter, burning
everyone in the helicopter almost beyond recognition.  The applicant
related that in 1982, while he was still on active duty, he went to a
psychiatrist before he went AWOL, but the psychiatrist said there was
nothing wrong with him.

12.  The psychiatric evaluation report revealed that the applicant related
that he is often reminded of Vietnam by hearing things which “catch me off
guard.”  He hears the sound of helicopters.  He experiences symptoms of
avoidance in terms of “being a loner.”  He felt it was better if he did not
go out with people he knew because “If somebody drops a tray, I would hit
the floor and push them down with me sometimes.”  He has difficulty both
falling asleep and staying asleep.  He is markedly irritable.  He revealed
that when he came back from Vietnam he was drinking quite heavily.  He
revealed that he finally got out of the service because “I just wasn’t
getting any help for my nightmares.”  He described depression of     7 on a
10 scale of severity.  He described anxiety of 10 on a 10 scale of
severity. He described his temper as 8 or 9 on a 10 scale of severity.  He
was diagnosed with PTSD; alcohol abuse and probable dependence; and
depression secondary to PTSD.

13.  Army Regulation 635-200 sets forth the basic authority for the
separation of enlisted personnel.  Chapter 10 of that regulation provides,
impertinent part, that a member who has committed an offense or offenses
for which the authorized punishment includes a punitive discharge may
submit a request for discharge for the good of the service in lieu of trial
by court-martial.  The request may be submitted at any time after charges
have been preferred and must include the individual’s admission of guilt.
Although an honorable or general discharge is authorized, a discharge under
other than honorable conditions is normally considered appropriate.

14.  Army Regulation 635-200, paragraph 3-7a, provides that an honorable
discharge is a separation with honor and entitles the recipient to benefits
provided by law.  The honorable characterization is appropriate when the
quality of the member’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.

15.  Army Regulation 635-200, paragraph 3-7b, provides that a general
discharge is a separation from the Army under honorable conditions.  When
authorized, it is issued to a Soldier whose military record is satisfactory
but not sufficiently meritorious to warrant an honorable discharge.  A
characterization of under honorable conditions may be issued only when the
reason for the Soldier’s separation specifically allows such
characterization.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s service in Vietnam, as described in the psychiatric
evaluation report, and all his new evidence have been carefully considered.

2.  The psychiatric evaluation report noted that the applicant related that
in 1982 he went to a psychiatrist before he went AWOL, but the psychiatrist
said there was nothing wrong with him.  However, the applicant went AWOL on
18 January 1982 (his expiration term of service was 3 months later).  He
had departed Vietnam in 1972.  It appears he waited 10 years to seek
assistance from the Army for his problem, and then he gave the Army only
one chance to help him with only 3 months left to serve.

3.  It is acknowledged that the applicant has now been diagnosed with PTSD.
 However, there is nothing in the psychiatric evaluation report to indicate
that the applicant was ever unable to distinguish right from wrong and to
adhere to the right.

4.  Regrettably, there is insufficient evidence to show that the
applicant’s discharge under other than honorable conditions was unjust or
inequitable.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jtm___  __wfc___  __dac___  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 AR2004104074 dated 9 November 2004.




                                  __John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002163                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070628                                |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |19820527                                |
|DISCHARGE AUTHORITY     |AR 635-200, ch 10. . . . .              |
|DISCHARGE REASON        |A70.00                                  |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |110.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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