IN THE CASE OF:
BOARD DATE: 9 September 2010
DOCKET NUMBER: AR20100012774
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 previous request to upgrade his dishonorable discharge.
2. On behalf of the applicant, his daughter states her father had no recollection of ever being electrocuted until recently and therefore any and all medical complications directly attributed to the incident were unreported and untreated. It was only through casual conversation with a former team chief that the applicant learned of what had occurred. In his earlier application he stated that due to his electrocution in June 1981, his personality changed.
3. The applicant provides the following new evidence in support of his application:
* range of motion test results, dated 24 April 2009
* disability determination evaluation progress notes, dated 24 April 2009
* North Carolina Department of Health and Human Services Disability Determination Services evaluation, dated 25 April 2009
* Disability Determination Services release, dated 21 May 2009
* Department of Veterans Affairs Medical Center Medical Certification/Treatment Plan, dated 14 September 2009
* treatment notes from the Carolina Psychological Associates for the period between 14 September 2009 and 9 November 2009
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 AR20090009217 on 11 March 2010.
2. In the original decision, the ABCMR found the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations) as a result of a court-martial. He was convicted of distributing marijuana in the hashish form on 7 October and 1 November 1983, introducing marijuana in the hashish form with intent to distribute on 1 November 1983, and being AWOL from 5 January until 15 February 1984. He was convicted pursuant to an approved sentence of a general court-martial. The appellate review was completed and the affirmed sentence was duly executed.
3. A legal review was conducted and found the applicant's contention that he was in a coma for 7 days was not supported by the medical records. Records show he was seen in the emergency room for electric shock and admitted for observation. However, he was discharged the following day. The legal review found the evidence insufficient to support the upgrade of his discharge.
4. Medical treatment notes, progress notes, and test results, not previously reviewed by the ABCMR, were presented in support of his request for reconsideration. These documents are considered new evidence warranting consideration by the Board.
5. The new medical evidence shows he received treatment between 24 April 2009 and 9 November 2009 with his chief complaint recorded as electrocution. A disability determination evaluation found he suffered from severe post-traumatic stress disorder (PTSD) with somatization disorder. He was referred for follow-up care and received treatment with a psychologist on six separate occasions. The final note entered by the psychologist states, "At this point I am not sure exactly what the cause of [the applicant's] cognitive problems is or if his functioning can be improved enough for him to benefit from therapy."
DISCUSSION AND CONCLUSIONS:
1. The applicant requests reconsideration to have his dishonorable discharge upgraded.
2. He contends the electrocution he suffered on active duty caused his personality to change; however, available medical records provided by the applicant and found in his service record fail to support this contention. In fact, a medical report provided by the applicant's psychologist clearly states he is unable to determine the exact cause for the applicant's cognitive problems. Further, there is no evidence of his hospitalization or loss of consciousness in the available records.
3. The applicants trial by court-martial was warranted by the gravity of the offenses charged. His conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which he was convicted.
4. As such, he request for an upgrade of his discharge should be denied.
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 AR20090009217, dated 11 March 2010.
_______ _ _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) AR20100012774
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100012774
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090009217
When authorized, it is issued to a Soldier whose military record is satisfactory but not sufficiently meritorious to warrant an honorable discharge. However, there is insufficient evidence to substantiate his contention that the electrical shock that he sustained was the cause of his acts of misconduct. The available evidence show that it was not until 2008/2009 that he alleged a personality change which is almost 24 years after his discharge from the Army.
ARMY | BCMR | CY2014 | 20140020974
The applicant requests, in effect, correction of his Physical Evaluation Board (PEB) Proceedings to include post-traumatic stress disorder (PTSD) as an unfitting condition for the purpose of qualifying for Combat Related Special Compensation (CRSC). Eligible members are those retirees who have 20 years of service for retired pay computation (or 20 years of service creditable for Reserve retirement at age 60) and who have disabilities that are the direct result of armed conflict, especially...
ARMY | BCMR | CY2010 | 20100025919
On 6 December 2005, the applicant was counseled by his first sergeant regarding his recommendation that the applicant be separated under the provisions of Army Regulation 635-200, paragraph 5-17, for an Other Designated Mental Condition and that he be issued an honorable discharge. (2) It also shows the VA determined the applicant's medical condition of "post traumatic stress disorder" was related to his military service, so service connection was granted at 30%, effective 1 December 2009...
ARMY | BCMR | CY2011 | 20110024315
Application for correction of military records (with supporting documents provided, if any). c. he should have been rated for PTSD. It is a fact-finding board for the following: * investigating the nature, cause, degree of severity, and probable permanency of the disability of Soldiers whose cases are referred to the board * evaluating the physical condition of the Soldier against the physical requirements of the Soldier's particular office, grade, rank, or rating * providing a full and...
ARMY | BCMR | CY2015 | 20150007995
The PEB determined the following medical conditions were not unfitting: TBI with cognitive disorder, NOS; right ankle strain with instability; PTSD; left knee patellofemoral syndrome; right knee patellofemoral syndrome; lumbar strain; left wrist strain; right wrist strain; left elbow cubital tunnel syndrome; hypertension; history of asthma; history of gastroenteritis; post-surgical scar, left ankle; erectile dysfunction; and alcohol abuse. If the VA changes the disability rating for the...
ARMY | BCMR | CY2014 | 20140002680
The TSGLI program was established by Congress to provide relief to Soldiers and their families after suffering a traumatic injury. However, there is no evidence of record that shows he was recommended for promotion by a Headquarters, Department of the Army, Promotion Selection Board or promoted to pay grade E-7. The evidence of record shows the applicant's requests for Traumatic Injury Protection under the TSGLI benefits were denied in 2008, 2009, and 2011 because there was insufficient...
ARMY | BCMR | CY2014 | 20140018364
In support of this statement, counsel provides chronologic extracts from the applicant's medical records from June 2008 through May 2010 which show he was diagnosed with and treated for numerous conditions to include TBI, PTSD, and sleep disorder. The same date, Dr. KG and Mr. B, in response to a request for a Behavioral Health Evaluation issued by the WTB because the applicant was being administratively discharged, found the applicant to be suffering from PTSD, major depression disorder of...
ARMY | BCMR | CY2013 | 20130004839
The applicant states: a. On 2 March 2011, the applicant was notified during an event-oriented counseling that he was being considered for administrative separation under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-17 (Other Designated Physical or Mental Conditions). Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army's Physical Disability Evaluation System (PDES) and sets...
ARMY | BCMR | CY2013 | 20130018394
f. MEB Processing that shows: (1) an MEB convened on 20 June 2013 and determined his medical conditions of mild TBI with residual of Cognitive Disorder, Hypothyroidism, and Benign Paroxysmal Positional Vertigo that met retention standards in accordance with Army Regulation 40-501 and were medically acceptable. He provided his MEB NARSUM. Whether taken from the addendum or from his medical records, the condition was considered.
ARMY | BCMR | CY2003 | 2003089822C070403
The medical evidence is new evidence which will be considered by the Board. There is no evidence in the available records that the applicant had any mental or medical condition prior to his discharge on 2 May 1986. Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and...