IN THE CASE OF:	  

		BOARD DATE:	  21 May 2015

		DOCKET NUMBER:  AR20150004010 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states the attached Department of Veterans Affairs (VA) Rating Decision states he has combat post-traumatic stress disorder (PTSD), he was in combat, and he was awarded the CIB.

3.  The applicant provides a VA Rating Decision, dated 11 January 2006.

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.  The applicant enlisted in the Regular Army on 4 March 1970 for 2 years.  He completed his training and was awarded military occupational specialty (MOS) 11C (infantry indirect fire crewman).  He served in MOS 11C while assigned to Company D, 2d Battalion, 12th Infantry Regiment, 25th Infantry Division, in Vietnam from 14 September 1970 to 20 December 1970.  On 23 February 1971, he was honorably discharged for hardship.

3.  His DD Form 214 shows only the National Defense Service Medal as an authorized award.

4.  There are no orders for the CIB in the available records.

5.  Item 41 (Awards and Decorations) of his DA Form 20 shows he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, and marksmanship qualification badges.  This item does not show the CIB as an authorized award.

6.  Records show the applicant petitioned the ABCMR in 1972 for award of the CIB.  In January 1973, he was notified by letter that no record was found to show he was authorized award of the CIB.  He was provided a DD Form 215, dated 5 January 1973, that amended his DD Form 214 to show:

	a.  award of the Vietnam Service Medal with one bronze service star, Expert Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Pistol Bar, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and First Class Gunner Badge with Mortar Bar; and

	b.  his Vietnam service.

7.  He provided a VA Rating Decision, dated 11 January 2006, which shows he was granted service connection for PTSD (50 percent).  The decision also states:

	a.  "Prior decisions have noted that there is evidence that you did received [sic] the Combat Infantryman Badge, and there is evidence that you did not receive that award."

	b.  "We note now specifically that your service personnel records include a copy of the original orders that awarded you the Combat Infantryman Badge."

	c.  "We also note a record that shows that you were awarded the Vietnam Service Medal with a bronze service star.  According to Army regulations for military awards, the bronze service stars were awarded when an individual's unit participated in combat."

	d.  "The records show that you served with the 25th Infantry and 101st Airborne Division.  The records also show that your unit participated in the combat campaign designated as the 12th campaign, undesignated."

	e.  "The evidence confirms your participation in combat."

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  Paragraph 8-6 provides that a Soldier must meet the following three requirements for award of the CIB:

		(1)  be an infantryman satisfactorily performing infantry duties,

		(2) be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and

		(3)  actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.

	b.  Paragraph 7-18 provides that Army units will be deemed to have participated in combat if they actually engaged the enemy in combat, if they were deployed in a designated combat zone, or if they performed duties either in the air or on the ground in any part of the combat zone at any time during the designated period of the respective battle, campaign, or expedition.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) is published to assist commanders and personnel officers in determining or establishing the eligibility of individual members for campaign participation credit, assault landing credit, and unit citation badges awarded during the Vietnam Conflict, the Grenada Operation, and the period of service subsequent to the Vietnam Conflict up to September 1987.  Additional unit awards are included for meritorious achievement in the continental United States and other foreign countries.

	a.  Paragraph 8 provides that an organization is given campaign participation credit if it actually engaged the enemy in combat, was stationed in the combat zone, or performed duties either in the air or on the ground in any part of the combat zone during the time limitations of the campaign.  Service stars are worn on the service and campaign medals to denote participation in campaigns.

	b.  Table 2 shows Department of the Army General Orders Number 5, dated 1973, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 2d Battalion, 12th Infantry Regiment, for service during the period 1 September 1968 to 30 September 1970.

	c.  Department of the Army General Orders Number 8, dated 1974, subsequently announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service in Vietnam to Headquarters, U.S. Military Assistance Command, and its subordinate units for service during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.S. Army Vietnam, and its subordinate units for service during the period 20 July 1965 to 28 March 1973.

10.  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 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 nosologic classification scheme.  Although controversial when first introduced, the PTSD diagnosis has filled an important gap in psychiatric theory and practice.  From a 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."

11.  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.

12.  The DSM, fifth edition, 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; and/or

		(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; and/or

		(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 and/or

		(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); and/or

		(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, and/or

		(6)  sleep disturbance.

	f.  Criterion F – Duration:  Persistence of symptoms (in Criteria B, C, D, and E) for more than 1 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.

13.  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 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 Soldiers' 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.

14.  In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRB's) and Service Boards for Correction of Military/Naval Records (BCM/NR's) 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 (UOTHC) and who have been diagnosed with PTSD by a competent mental health professional representing a civilian healthcare provider to determine if it would be appropriate to upgrade the character of the applicant's service.

15.  BCM/NR's 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 in character 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?

16.  Although the Department of Defense 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 service characterization.  BCM/NR's will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a character 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.  BCM/NR's 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.  Although the VA Rating Decision provided by the applicant states his records include orders for award of the CIB, a thorough review of his service personnel records failed to reveal orders for award of the CIB.

2.  The VA Rating Decision's contention that the applicant's Vietnam unit participated in combat is partially supported by the evidence of record.  Department of the Army General Orders Number 5, dated 1973, announced award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to 2d Battalion, 12th Infantry Regiment, for service during the period 1 September 1968 to 30 September 1970.  However, Department of the Army General Orders Number 8, dated 1974, subsequently confirmed award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to all U.S. Army units serving in Vietnam during all named campaigns.

3.  The VA Rating Decision's contention that bronze service stars were awarded with the Vietnam Service Medal when an individual's unit participated in combat is not completely accurate.  Army Regulation 600-8-22 and Department of the Army Pamphlet 672-3 clearly state an Army unit is also given campaign participation credit if it was stationed in the combat zone or performed duties either in the air or on the ground in any part of the combat zone during the time limitations of the campaign.

4.  Army Regulation 600-8-22 clearly establishes that the CIB may be awarded to an infantry Soldier provided he was assigned or attached to an infantry unit of brigade, regimental, or smaller size while performing infantry duties during such time as the unit was engaged in active ground combat and he must have actively participated in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.

5.  The evidence shows the applicant held and served in an infantry MOS while assigned to Company D, 2d Battalion, 12th Infantry Regiment, in Vietnam during a period that 2d Battalion was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation for service.  However, there is no evidence of record showing he personally actively participated in such ground combat.

6.  Regrettably, in the absence of such evidence, the VA Rating Decision provided by the applicant is not sufficient as a basis for adding award of the CIB to his DD Form 214.

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 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)                                         AR20150004010



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ABCMR Record of Proceedings (cont)                                         AR20150004010



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