IN THE CASE OF:
BOARD DATE: 11 SEPTEMBER 2008
DOCKET NUMBER: AR20080010635
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests reconsideration of his denial to upgrade his discharge.
2. The applicant states, in effect, that he went absent without leave (AWOL) because he suffered from post-traumatic stress disorder (PTSD) resulting from a direct combat action in Panama during Operation Just Cause. His records show that up to that point he had been a model Soldier. His PTSD diagnosis was not understood in 1994 and be believes that this combat wound should not prevent his service from being characterized as honorable.
3. The applicant provides a self-authored narrative; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of his DA Form 20 (Personnel Qualification Record); a copy of his Bronze Star Medal Citation; statements from his treating physicians; and 3 supporting statements.
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 AR20080004852, on 26 June 2008.
2. The applicant provided a self-authored statement describing the events he experienced in combat in Panama and the deterioration of his career due to drugs and alcohol, coupled with reckless behavior which he attributes to PTSD.
3. The applicant provided a statement from his treating physicians at the Little Rock, Arkansas, Department of Veterans Affairs (DVA) indicating that he initiated treatment at the facility on 31 January 2008 and was voluntarily placed on the acute care psychiatry unit. It is the physician's opinion that the applicant has PTSD as a result of his combat experience in Panama.
4. The applicant provided a statement from the Chief, Chaplain Services at the DVA Little Rock, who indicates that he worked with the applicant during his admission as a patient. He contends that in 1994 many of the affects of combat stress were looked upon merely as bad behavior, and that he believes the applicant was not correctly diagnosed with PTSD prior to his discharge. Today a Soldier with PTSD would receive the utmost in mental health care in order to salvage him.
5. The applicant provides supporting statements from friends who have known him for many years. They describe the changes which occurred in the applicant after he left the Army; that he completed a drug and alcohol program in 2008; and that he has experienced life-long social problems due to PTSD.
6. Vietnam Veterans of America website offers a Guide to PTSD. This guide describes the current DVA programs offered for Soldiers with PTSD. In addition, it states, in pertinent part: "PTSD is not a new problem. It is simply a more recent label of an age-old disorder that has been in existence since stone-age warriors were beating each other with clubs. Around 1980, the American Psychiatric Association designated PTSD to describe a delayed-stress syndrome commonly experienced by combat-veterans. This condition had previously been referred to as 'shell-shock' and 'war/combat neurosis.' Although TPSD is often associated with Vietnam veterans, it appears in veterans of all wars and eras.
DISCUSSION AND CONCLUSIONS:
1. The applicant's new evidence in the form of statements from his treating physicians and friends were carefully and thoroughly considered. Although the applicant attributes his life-long social and personal problems, as well as his misconduct while in the Army, to PTSD; he presented evidence showing that he did not initiate treatment for PTSD until 2008, 14 years after his discharge. Again, there is no evidence in the available record showing the applicant suffered from PTSD during his military service or that PTSD was the cause of his misconduct.
2. The applicant also contends that information about PTSD was not well-known or available in 1994. However, evidence shows that PTSD is not a new problem and was previously referred to as "shell-shock" and "war/combat neurosis." Around 1980, the American Psychiatric Association designated PTSD to describe a delayed-stress syndrome commonly experience by combat veterans. Although PTSD is often associated with Vietnam veterans, it appears in veterans of all wars and eras. As such, mental health treatment for PTSD would certainly have been available to the applicant while he was in the Army since military mental health professionals had sufficient knowledge and awareness of PTSD in 1994.
3. Given the above, the applicant has not provided sufficient evidence to change the Board's previous decision in his case. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant did not submit any evidence that would satisfy this requirement.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__XXX __ __XXX__ __XXX__ 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 AR20080004852, dated 26 June 2008.
___ XXX ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080010635
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ABCMR Record of Proceedings (cont) AR20080010635
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