IN THE CASE OF:	  

		BOARD DATE:	  16 July 2015

		DOCKET NUMBER:  AR20140019367 


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 his under other than honorable conditions discharge be upgraded.

2.  The applicant states he was singled out and given extra duty several times.  His unit left him in country for an additional 16 days and he had to pay for his own ticket.

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 29 May 2004
* civilian medical records from 27 August to 25 November 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 Army Board for Correction of Military Records (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 previously served 1 year, 10 months, and 20 days of active service in the U.S. Marine Corps.  He was discharged due to a pattern of misconduct on 
24 May 1996 with an under other than honorable conditions discharge.

3.  On 15 December 2001, he enlisted in the Maine Army National Guard (MEARNG).

4.  On 10 February 2003, he was ordered to active duty as a member of his Reserve Component unit for a period not to exceed 365 days in support of Operation Enduring Freedom.  On 22 December 2003, his period of active duty was modified to show 10 February 2003 - 14 June 2004.  He served in Kuwait and Iraq from 17 April 2003 to 2 May 2004.

5.  The applicant's record is void of the specific facts and circumstances concerning the events which ultimately led to his discharge.  His discharge processing package was not available for review.

6.  On 4 May 2004, he was discharged from the MEARNG by reason of a less than honorable discharge from the Regular Army.

7.  On 29 May 2004, he was discharged from the Regular Army due to a pattern of misconduct.  He completed 1 year, 4 months, and 20 days of active service that was characterized as under other than honorable conditions.

8.  He applied to the Army Discharge Review Board (ADRB) for an upgrade of his discharge.  On 14 December 2010, the ADRB determined his discharge was both proper and equitable and voted to deny an upgrade.

9.  He provided civilian medical records for the period 27 August - 25 November 2014.  Entries dated 27 August 2014 indicated:

* due to his symptoms of post-traumatic stress disorder (PTSD) with anxiety and depression he needed to apply and attain social security benefits
* he wanted to improve his financial situation by applying for and attaining social security benefits
* he had extreme amounts of anxiety and at times depression, partially due his status as a combat veteran suffering from PTSD

10.  Army Regulation 635-200 (Personnel Separations, Separation Documents), in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel.  

	 a.  An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law.  The honorable characterization was appropriate when the quality of the member’s service generally had met the standards of acceptable conduct and performance of duty for Army personnel, or was otherwise so meritorious that any other characterization would have been clearly inappropriate.  

	b.  A general discharge was a separation from the Army under honorable conditions.  When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.

	 c.  Chapter 14 established policy and prescribed procedures for separating personnel for misconduct because of minor disciplinary infractions, a pattern of misconduct, commission of a serious offense, conviction by civil authorities, desertion, and absence without leave.

		 (1)  Paragraph 14-12b provides for the discharge of Soldier for a pattern of misconduct consisting of one of the following:

			  (a) Discreditable involvement with civil or military authorities.

			  (b) Discreditable conduct and conduct prejudicial to good order and discipline including conduct violating the accepted standards of personal conduct found in the Uniform Code of Military Justice (UCMJ), Army regulations, the civil law, and time-honored customs and traditions of the Army.

		 (2)  A discharge under other than honorable conditions was normally appropriate for a Soldier discharged under this chapter. 

11.  PTSD can occur after someone goes through a traumatic event like combat, assault, or disaster.  The Diagnostic and Statistical Manual of Mental Disorders (DSM) is published by the American Psychiatric Association (APA) and it provides standard criteria and common language for the classification of mental disorders.  In 1980, the APA added PTSD to the third edition of its DSM-III nosologic classification scheme.  Although controversial when first introduced, the PTSD diagnosis has filled an important gap in psychiatric theory and practice.
From an historical perspective, the significant change ushered in by the PTSD concept was the stipulation that the etiological agent was outside the individual (i.e., a traumatic event) rather than an inherent individual weakness (i.e., a traumatic neurosis).  The key to understanding the scientific basis and clinical expression of PTSD is the concept of "trauma." 

12.  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.

13.  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. 

14.  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 (emphasis added) 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.  

15.  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 under other than honorable conditions (emphasis added) 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.

16.  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?

17.  Although the DOD acknowledges that some Soldiers who were administratively discharged under other than honorable conditions (emphasis added) 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 under other than honorable conditions (emphasis added) 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 under other than honorable conditions (emphasis added).  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for an upgrade of his general discharge under honorable conditions was carefully considered.

2.  The medical community and DOD now have a more thorough understanding of PTSD and its potential to serve as a causative factor in a Soldier's misconduct when the condition is not diagnosed and treated in a timely fashion.

3.  Soldiers who suffered from PTSD and were separated solely for misconduct subsequent to a traumatic event warrant careful consideration for the possible recharacterization of their overall service.

4.  The medical records he provided showed he had been diagnosed with and was being treated for PTSD as early as 27 August 2014.  The exact date of his diagnosis for PTSD is not known.

5.  The exact circumstances surrounding his discharge are unknown.  His discharge package for processing under Chapter 14 was not available.  There is insufficient evidence to show whether his PTSD condition was a causative factor in the misconduct that led to his discharge.

6.  In the absence of evidence to the contrary, it is presumed he was properly and equitably discharged in accordance with regulations in effect at the time and that the type of discharge directed and the reasons for separation were appropriate considering all the facts of the case.  The records contain no indication of procedural or other errors that would have jeopardized his rights.

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)                                         AR20140019367



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ABCMR Record of Proceedings (cont)                                         AR20140019367



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