Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080015454
Original file (20080015454.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	       29 January 2009

		DOCKET NUMBER:  AR20080015454 


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, in effect, reconsideration of his earlier request to upgrade his bad conduct discharge.

2.  The applicant states that he believes that he was suffering from post traumatic stress disorder (PTSD) and this affected his actions.

3.  The applicant provides a letters of support from two Vietnam veterans, a Cherokee Nation Tribal Council member, a minister, his father, a tribal veterans affairs officer, and approximately 19 pages of current health care records. 

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 AR20070010091, on 6 December 2007.

2.  The supporting documents submitted by the applicant are new evidence that requires Board reconsideration of the case.

3.  The applicant enlisted on 31 January 1968.  Starting on 6 July 1968 he served in Vietnam with a construction engineer company where he was awarded the Army Commendation Medal and promoted to specialist five (SP5)/pay grade
E-5).

4.  On 5 January 1970 he completed his tour in Vietnam and returned to the United States; shortly thereafter becoming a chronic absentee.  He was subsequently separated with a bad conduct discharge on 7 February 1972.  He had 406 day of absence without leave (AWOL).

5.  The supporting documents submitted by the applicant consist of the following:

	a.  one Vietnam veteran writes that upgrading the applicant's discharge would make him eligible for Department of Veterans Affairs (VA) medical services;

	b.  the other credits the applicant's AWOL to the way "the public" treated Vietnam veterans in the late 1960's and early 1970's and thinks that making him eligible for VA medical care would be "the honorable thing";

	c.  the tribal council member states that the applicant made a mistake four decades ago and that his having access to VA healthcare would be a blessing;

	d.  the minister states that the applicant is a good person, a trustworthy and honorable man who does not gossip or listen to gossip;

	e.  the applicant's father appealed to a United States Senator for help because the applicant never received his discharge;

	f.  the tribal veterans affairs officer asked for health documents showing diagnosis and treatment for PTSD; and

	g.  the health records show that, in January 2008, the applicant was referred by the tribal veterans affairs officer for a PTSD evaluation, the initial diagnosis was PTSD; subsequently, diagnoses of recurrent, severe, major depressive disorder and continuous alcohol abuse were added.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his bad conduct discharge should be upgraded because he was suffering from PTSD.

2.  There is no available evidence to show that PTSD or any other psychological, behavioral or personality problem played any part in the AWOL's that led to the applicant's discharge.


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

____X___  ___X___  ___X____  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 AR20070010091, dated 6 December 2007.



      ________X_____________
               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)                                         AR20080015454



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080015454



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140020044

    Original file (20140020044.txt) Auto-classification: Denied

    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 | CY2008 | 20080010635

    Original file (20080010635.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND 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. 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.

  • ARMY | BCMR | CY2004 | 2004102732C070208

    Original file (2004102732C070208.doc) Auto-classification: Denied

    The applicant requests reconsideration of the prior decisions made by the Army Board for Correction of Military Records (ABCMR) to deny an upgrade of his bad conduct discharge (BCD) to an honorable or a general discharge. On 26 March 2004, a clinical social worker from Solis & Associates composed a letter to this Board indicating that she concurred with the diagnosis of PTSD and that it was present while he was still on active duty in Vietnam. However, there is no evidence in the available...

  • ARMY | BCMR | CY2006 | 20060005892C070205

    Original file (20060005892C070205.doc) Auto-classification: Denied

    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. 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. There is no evidence in the available...

  • ARMY | BCMR | CY2015 | 20150001934

    Original file (20150001934.txt) Auto-classification: Approved

    On 3 September 2014, the Secretary of Defense directed the Service Discharge Review Boards (DRBs) and Service Board for Correction of Military/Naval Records to carefully consider the revised PTSD criteria, detailed medical consideration, and mitigating factors when taking actions on applications from former service members administratively discharged and who had been diagnosed with PTSD by a competent mental health professional representing a civilian healthcare provider in order to...

  • ARMY | BCMR | CY2004 | 20040000349C070208

    Original file (20040000349C070208.doc) Auto-classification: Approved

    One daughter was an alcoholic who abandoned her children, three of whom were being raised by the applicant. At age 11, the applicant states he was placed in school in Warm Springs, Oregon. Once the Korean War Service Medal has been authorized by the Department of the Air Force, the applicant may apply to the Army Board for Correction of Military Records to add this foreign award to his DD Form 214.

  • ARMY | BCMR | CY2014 | 20140014041

    Original file (20140014041.txt) Auto-classification: Denied

    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 | 20140021086

    Original file (20140021086.txt) Auto-classification: Denied

    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 | 20140010524

    Original file (20140010524.txt) Auto-classification: Denied

    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 | 20150001348

    Original file (20150001348.txt) Auto-classification: Denied

    THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. 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...