IN THE CASE OF: 

		BOARD DATE:  20 January 2015

		DOCKET NUMBER:  AR20140018581


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 correction of his military records by upgrading his undesirable discharge to honorable due to his having a diagnosis of 
post-traumatic stress disorder (PTSD).

2.  The applicant states he and a friend joined the U.S. Army in October 1970.  They both were sent to Fort Polk, Louisiana, for basic and advanced individual training.  While in basic training, he was not adjusting to his new life.  He was in the low crawl pit.  About half way through the pit he stopped because he was getting cut by glass.  The drill sergeant told him to keep going but he was hurting. The sergeant put his foot on his head and shoved his face into the ground.  He got mad and went back to the barracks.  He caught hell from his drill sergeant.  He considers this the start of his PTSD.

3.  At about the 4th week of training, three drill sergeants came into the barracks.  They were drunk.  There were several Soldiers taking showers.  They ran everyone out of the showers except him.  They pulled guns on everyone and told them to stay put in the barracks.  They commenced to beat on him and to drive his head into the lead pipes.  Then they stuck his head into the toilet.  He thought he was going to suffocate and die.  The next day, he was called into the battalion commander's office.  He was asked if he wanted to go home.  He said no.  He had volunteered and would stay.  The drill sergeants were all demoted.

4.  Then he got very sick from something that was in the toilet.  He had a high fever and pockets of puss in his throat.  They made him march ten miles with full packs before he could go to sick call.  When he got to the dispensary, he was kept there for a week with a temperature of 108 degrees.  They had almost let him die and probably fried his brain.  He then went to advanced individual training.  It went alright.  Then he and his friend were shipped to Germany.  He was alright at first but he started drinking a lot to forget his experience in basic training.  One night he went to the nightclub and got drunk and disorderly.  The military police came and took him back to the barracks.  While resisting he was hit in the groin.  That brought back his memories of basic training and the authority thing.  He told the military police that if they hit him again he would have to hit them back.  They hit him and he commenced to take revenge on them, thinking only that they were the drill sergeants from basic training.  The military police used their clubs on the back of his head and above his left eye.  He got eight stitches at the clinic and was put in jail.

5.  From that day he hated the U.S. Army and did not want any part of it.  Once, while on guard duty, a fellow Soldier was blown up by a doped up Soldier.  His body parts were all over the guard shack.  He said he could not take it anymore and wanted out of Germany.  He tried several times to get an early out but they would not give him one even though they let another Soldier out early.  His marriage and family was demolished.  He got no help from the Army to save it.  He lost trust in his family and friends and turned to using alcohol and drugs for 
15 years after leaving the Army.  He just did not care anymore.  He thinks the Army did him an injustice by not searching for the truth about the military police and their cover up.  The government does not care.  Now he hears about how having PTSD can change his discharge.  He knows he got PTSD while in the Army and serving his country.

6.  The applicant provides copies of:

* Form SSA-831-C3 (Disability Determination and Transmittal) dated 
14 February 2012
* Form SSA-831-C3 (Disability Determination and Transmittal) dated
16 August 2012
* A letter from the Social Security Administration to the applicant with a suspense date of 7 August 2014
* A letter, Community Health Center of Southeast Kansas, Diagnosis of PTSD, dated 29 September 2014

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the ABCMR to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  He enlisted in the Regular Army on 15 October 1970.  He completed his training as a wheeled vehicle repairman.

3.  On 5 November 1971, he received nonjudicial punishment (NJP) for twice failing to repair.

4.  A summary court-martial dated 1 March 1973 announced the applicant's conviction of two specifications of assault, of being drunk and disorderly in a public place, and of resisting arrest.

5.  He received NJP on 31 July 1973 for being absent without leave (AWOL) for a 10-day period.

6.  The discharge packet is not available for review.  However, his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he was administratively discharged on 15 October 1973, under the provisions of Army Regulation 635-200, paragraph 13-5a(1), Separation Program Designator 28B for unfitness.  His service was characterized as under conditions other than honorable.  He had completed 2 years, 9 months, and 27 days of creditable active duty service.

7.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the separation of enlisted personnel.

	a.  Paragraph 13-5a(1) provided for the separation of enlisted personnel for unfitness.  Individuals separated by reason of unfitness were normally furnished an undesirable discharge at the time.

	b.  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 (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.

	c.  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.  

8.  On 29 September 2014, the applicant's psychologist diagnosed him with having a major depressive disorder, recurrent, moderate, PTSD.  This diagnosis was based on the seven times the psychologist saw the applicant between 2008 and 2014.  The applicant reported that he tended to bottle things up and found it hard to come to therapy.  During this limited contact, the applicant reported he was traumatized by events he encountered while serving in the Army.  He said he turned to drugs and alcohol for many years to cope with this trauma.  He developed a malevolent demeanor and pushed everyone away and lost his family in the process.  He became withdrawn and depressed.  The psychologist stated that it appeared more likely than not that the applicant met the criteria for PTSD including recurrent and intrusive distressing recollections of the event, persistent avoidance of stimuli associated with the trauma, outbursts of anger, and a heightened startle response.

9.  PTSD is unique among psychiatric diagnoses because of the great importance placed upon the etiological agent, the traumatic stressor.  In fact, one cannot make a PTSD diagnosis unless the patient has actually met the "stressor criterion," which means that he or she has been exposed to an event that is considered traumatic.  Clinical experience with the PTSD diagnosis has shown, however, that there are individual differences regarding the capacity to cope with catastrophic stress.  Therefore, while most people exposed to traumatic events do not develop PTSD, others go on to develop the full-blown syndrome.  Such observations have prompted the recognition that trauma, like pain, is not an external phenomenon that can be completely objectified.  Like pain, the traumatic experience is filtered through cognitive and emotional processes before it can be appraised as an extreme threat.  Because of individual differences in this appraisal process, different people appear to have different trauma thresholds, some more protected from and some more vulnerable to developing clinical symptoms after exposure to extremely stressful situations.

10.  The DSM fifth revision (DSM-5) was released in May 2013.  This revision includes changes to the diagnostic criteria for PTSD and Acute Stress Disorder.  The PTSD diagnostic criteria were revised to take into account things that have been learned from scientific research and clinical experience.  The revised diagnostic criteria for PTSD include a history of exposure to a traumatic event that meets specific stipulations and symptoms from each of four symptom clusters:  intrusion, avoidance, negative alterations in cognitions and mood, and alterations in arousal and reactivity.  The sixth criterion concerns duration of symptoms; the seventh assesses functioning; and the eighth criterion clarifies symptoms as not attributable to a substance or co-occurring medical condition.

	a.  Criterion A, stressor:  The person was exposed to: death, threatened death, actual or threatened serious injury, or actual or threatened sexual violence, as follows: (one required) 

		(1)  Direct exposure. 

		(2)  Witnessing, in person.

		(3)  Indirectly, by learning that a close relative or close friend was exposed to trauma.  If the event involved actual or threatened death, it must have been violent or accidental.

		(4)  Repeated or extreme indirect exposure to aversive details of the event(s), usually in the course of professional duties (e.g., first responders, collecting body parts; professionals repeatedly exposed to details of child abuse). This does not include indirect non-professional exposure through electronic media, television, movies, or pictures.

	b.  Criterion B, intrusion symptoms:  The traumatic event is persistently re-experienced in the following way(s): (one required) 

		(1)  Recurrent, involuntary, and intrusive memories. 

		(2)  Traumatic nightmares. 

		(3)  Dissociative reactions (e.g., flashbacks) which may occur on a continuum from brief episodes to complete loss of consciousness. 

		(4)  Intense or prolonged distress after exposure to traumatic reminders. 

		(5)  Marked physiologic reactivity after exposure to trauma-related stimuli. 

	c.  Criterion C, avoidance:  Persistent effortful avoidance of distressing trauma-related stimuli after the event: (one required)

		(1)  Trauma-related thoughts or feelings.

		(2)  Trauma-related external reminders (e.g., people, places, conversations, activities, objects, or situations).

	d.  Criterion D, negative alterations in cognitions and mood:  Negative alterations in cognitions and mood that began or worsened after the traumatic event: (two required)

		(1)  Inability to recall key features of the traumatic event (usually dissociative amnesia; not due to head injury, alcohol, or drugs).

		(2)  Persistent (and often distorted) negative beliefs and expectations about oneself or the world (e.g., "I am bad," "The world is completely dangerous").

		(3)  Persistent distorted blame of self or others for causing the traumatic event or for resulting consequences.

		(4)  Persistent negative trauma-related emotions (e.g., fear, horror, anger, guilt, or shame).

		(5)  Markedly diminished interest in (pre-traumatic) significant activities.
Feeling alienated from others (e.g., detachment or estrangement).

		(6)  Constricted affect: persistent inability to experience positive emotions. 

	e.  Criterion E, alterations in arousal and reactivity:  Trauma-related alterations in arousal and reactivity that began or worsened after the traumatic event: (two required)

		(1)  Irritable or aggressive behavior

		(2)  Self-destructive or reckless behavior

		(3)  Hypervigilance

		(4)  Exaggerated startle response

		(5)  Problems in concentration

		(6)  Sleep disturbance

	f.  Criterion F, duration:  Persistence of symptoms (in Criteria B, C, D, and E) for more than one month. 

	g.  Criterion G, functional significance:  Significant symptom-related distress or functional impairment (e.g., social, occupational).
	h.  Criterion H, exclusion:  Disturbance is not due to medication, substance use, or other illness. 

11.  As a result of the extensive research conducted by the medical community and the relatively recent issuance of revised criteria regarding the causes, diagnosis and treatment of PTSD the Department of Defense (DoD) acknowledges that some Soldiers who were administratively discharged under other than honorable conditions may have had an undiagnosed condition of PTSD at the time of their discharge.  It is also acknowledged that in some cases this undiagnosed condition of PTSD may have been a mitigating factor in the Soldier's misconduct which served as a catalyst for their discharge.  Research has also shown that misconduct stemming from PTSD is typically based upon a spur of the moment decision resulting from temporary lapse in judgment; therefore, PTSD is not a likely cause for either premeditated misconduct or misconduct that continues for an extended period of time.  

12.  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 civilian healthcare provider in order to determine if it would be appropriate to upgrade the characterization of the applicant's service.

13.  BCM/NRs are not courts, nor are they investigative agencies.  Therefore, the determinations will be based upon a thorough review of the available military records and the evidence provided by each applicant on a case-by-case basis.  When determining if PTSD was the causative factor for an applicant's misconduct and whether an upgrade is warranted, the following factors must be carefully considered:

* Is it reasonable to determine that PTSD or PTSD-related conditions existed at the time of discharge?

* Does the applicant's record contain documentation of the occurrence of a traumatic event during the period of service?
* Does the applicant's military record contain documentation of a diagnosis of PTSD or PTSD-related symptoms?
* Did the applicant provide documentation of a diagnosis of PTSD or PTSD-related symptoms rendered by a competent mental health professional representing a civilian healthcare provider?
* Was the applicant's condition determined to have existed prior to military service?
* Was the applicant's condition determined to be incurred during or aggravated by military service?
* Do mitigating factors exist in the applicant's case?
* Did the applicant have a history of misconduct prior to the occurrence of the traumatic event?
* Was the applicant's misconduct premeditated?
* How serious was the misconduct?

14.  Although the DoD acknowledges that some Soldiers who were administratively discharged under other than honorable conditions may have had an undiagnosed condition of PTSD at the time of their discharge, it is presumed that they were properly discharged based upon the evidence that was available at the time.  Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge.  In cases in which PTSD or PTSD-related conditions may be reasonably determined to have existed at the time of discharge; those conditions will be considered potential mitigating factors in the misconduct that caused the UOTHC characterization of service.  Corrections Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of UOTHC.  Potentially mitigating evidence of the existence of undiagnosed combat-related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct.  PTSD is not a likely cause of premeditated misconduct.  Corrections Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct.

15.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) paragraph 2-9 provides that the Board begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected by upgrading his undesirable discharge to honorable due to his having a diagnosis of PTSD.

2.  The record shows the applicant twice received NJP for AWOL and failure to repair.  He also received a summary court-martial conviction for two specifications of assault, for being drunk and disorderly in a public place, and for resisting arrest.

3.  In the absence of evidence to the contrary, it is presumed that the discharge proceedings were conducted in accordance with law and regulations applicable at the time.  The character of the discharge is commensurate with his overall record.

4.  The applicant contends that his misconduct was the result of his acquiring PTSD.  He further contends that his PTSD was the result of being beaten by drill sergeants during basic training at Fort Polk, LA.  Unfortunately, there is no available documentary evidence supporting his contention.  Furthermore, the psychologist's diagnosis fails to link any specific traumatic events to his PTSD.

5.  Research has also shown that misconduct stemming from PTSD is typically based upon a spur of the moment decision resulting from temporary lapse in judgment; therefore, PTSD is not a likely cause for either premeditated misconduct or misconduct that continues for an extended period of time.

6.  Between 1970, when the applicant was in basic training and 2008, when the applicant's was first seen by his psychologist, 38 years had passed.  While there may be no doubt in the mind of the psychologist that the applicant has PTSD, there is serious doubt as to when and where he may have experienced a traumatic event linked to his condition.  There is no convincing evidence showing that he experienced any traumatic events while in the military service that would have caused his PTSD.

7.  In view of the above, the applicant's request 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 for correction of the records of the individual concerned.



      ____________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)                                         AR20100028754



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ABCMR Record of Proceedings (cont)                                         AR20140018581



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