BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150005169 


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 an upgrade of his characterization of service from under other than honorable conditions (UOTHC) to under honorable conditions (general).

2.  The applicant states he is a Vietnam combat veteran.  He was trained in the infantry and as an indirect fire mortar man.  When he arrived in Vietnam he was assigned to scout dogs, a job for which he was not trained and which required him to regularly perform recon and point man duties.  He was overwhelmed by the stress of this extremely dangerous job and the traumatic life-threatening incidents to which he was regularly exposed.  He made some poor choices while looking for ways to deal with the stress associated with his combat experiences, and he turned to drugs.  Unfortunately, the military was not well equipped to deal with the epidemic of drug use and the approach to the treatment was generally ineffective.  The applicant sought out treatment but it was minimal and did not work.  After 9 months in Vietnam, he was sent back to the United States and discharged because of his drug use.  

3.  The applicant provides:

* 10 letters of support, dated 30 December 2014, 21 January 2015,           22 January 2015 (2), 23 January 2015, 24 January 2015, 26 January 2015, 27 January 2015, 3 February 2015, 30 May 2015
* 6 undated letters of support


* 3 certificates of appreciation/recognition, dated 11 June 2014 and               1 undated
* Forward Veterans Group, missions and goals
* Christmas letter from the Montana Army National Guard, undated 
* Newspaper/magazine article
* 2 letters from Dr. RDB, PhD, dated 31 October 2003 and 1 undated
* Fax and mental health report from Division of Disability Services, dated    3 November 2003 and 21 November 2003
* 2 medical/psychiatric reports issued by Dr. AAP, MD, undated 
* 3 page medical document issued by the Internal Medicine Department – Cordata Main, on 23 April 2015
* Medical/psychological report/history issued by Mr. IOC, on 22 May 2015
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)

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 was inducted into the Army of the United States on 
8 September 1970 and held military occupational specialty 11C (Indirect Fire Crewman).  The highest rank/grade he attained while serving on active duty was specialist four (SP4)/E-4.

3.  His DA Form 20 (Enlisted Qualification Record) shows:

   a.  He was assigned to:
   
   (1)  basic combat and advanced individual training at Fort Lewis, WA from 14 September 1970 to 11 December 1970;
   
   (2)  casual status en route to Vietnam from 12 February 1971 to 6 April 1971;
   (3)  Vietnam from 17 March 1971 to 14 January 1972, where he served with:
   
   	(a)  58th Infantry Platoon, Scout Dog (Air Mobile), as an ammunition bearer from 7 April 1971 to 1 July 1971; 
   
   	(b)  Company E, 2nd Battalion, 501st Infantry Regiment, as a rifleman from 2 July 1971 to 14 January 1972; and

		(4)  Fort Lewis, WA on 15 January 1972. 

	b.  He was AWOL for a total of 9 days during the periods of: 

* 16 November 1970 to 22 November 1970 (7 days)
* 28 February 1971 to 2 March 1971 (2 days)

4.  His record contains a DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ), which shows he accepted nonjudicial punishment (NJP):

   a.  on 3 March 1971, while enroute to Vietnam, for being absent without authority/leave (AWOL) from his place of duty, the Overseas Replacement Station, Oakland, CA, from on or about 28 February 1971 to on or about 2 March 1971.

	b.  on 10 December 1971, while serving in Vietnam, for failing to be at his appointed place of duty at the guard tower, at 1825 hours on 9 December 1971.

	c.  on 6 January 1972, while serving in Vietnam, for wrongfully possessing     1 ounce, more or less, of marijuana on 4 January 1972.

5.  His record contains a Report of Mental Status Evaluation, dated 6 January 1972 showing a medical officer indicated the applicant's behavior was normal, he was fully alert and oriented, his mood was level, his thinking processes were clear, and his memory was good.  The medical officer found the applicant was mentally responsible, he was able to distinguish right from wrong and adhere to right, he had the capacity to understand and participate in board proceedings, and he met the retention standards.

6.  The applicant's record is void of a separation packet.  However, his record does contain an Elimination Chronology Sheet, which shows he was being discharged for unfitness under the provisions of Army Regulation 635-212 (Discharge, Unfitness and Unsuitability), paragraph 6a(3).  This sheet shows:
* the flagging action was completed on 10 December 1971
* the last offense that precipitated initiation of separation (possession of marijuana) occurred on 4 January 1972
* the investigation into the offense began on 6 January 1972
* the initiation of the elimination action took 3 days
* he received a physical examination on 7 January 1972
* his statement and allied papers were furnished to him on 7 January 1972
* he was given 5 days to consult with counsel
* his statement was received within 10 days
* the separation paperwork was received by the station in 16 days
* the separation paperwork was received from the station in 18 days
* the case was received from the board within 33 days

7.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-212 for unfitness with an under other than honorable conditions characterization of service.  He completed 1 year, 3 months, and 29 days of net active service, including 9 months and 28 days of foreign service.  Additionally, he had 9 days of lost time due to AWOL.  His DD Form 214 indicates he was awarded the Combat Infantryman Badge.  

8.  The applicant provided a series of letters of support, certificates of appreciation/recognition, and a newspaper article that indicate that he is an active member of the Forward Veterans Group, a nonprofit organization that helps Veterans with post-traumatic stress disorder (PTSD) and addiction.  The letters also discuss the applicant's PTSD, how it impacts his interactions with others, and how and why he got involved with drugs.  In effect, the applicant got involved with drugs due to the stress of his job in Vietnam and he used drugs as a way help him deal with the daily stress of life as a combat Soldier and infantryman in Vietnam.  Since his discharge, he has sought help for his addiction and PTSD.  He is no longer an addict, but his PTSD does negatively impact his life.  He can be very abrasive an argumentative and has difficulty interacting with others.  However, despite the difficulty he faces, he works hard to help others who, like himself, are veterans suffering from PTSD.

9.  He provided a medical record transcribed by Dr. AAP, a psychiatrist on 
11 October 1997 showing:

   a.  He was born in Hamilton, Ontario, and grew up part of the time in Chicago and part of it in Shasta, CA.  He went through the 11th grade in regular classes and then quit school.  He was drafted and served in Vietnam for 11 months,      29 days.  
   
   b.  During his service in Vietnam he served at Phu Bai, Quong Tri, and        Da Nang as a "grunt."  He was with the 150th "war dogs" for 4 months, and then a reconnaissance unit in the 2nd Battalion, 501st Infantry Regiment, where he would go out and look for the enemy.  He stated that his "main job was anti-personnel trip wire mines, and anti-personnel mines.  [He] would run the point and do mechanized ambushes, booby traps, and bungie pits with sharp bamboo….  [with]… feces or poison… [applied to the tips of the sharpened bamboo]."

   c.  He stated, "just starting around the beginning of the monsoon season, we left a antipersonnel booby trap, and these kids that we knew, they had been trading rice and ice cold sodas with us for 3 or 4 weeks, we got to know them real well, and liked them. They hit our [antipersonnel booby trap], that still bothers the hell out of me… it wasn't a pretty sight, especially when you liked the kids… the after effects are still with me... You should see what those bombs do to a human being, a human body."  He stated that particular antipersonnel mine was made up with ball bearings and a considerable amount of explosives, and he said, "two of them died, one instantly, we couldn't even recognize him, the other one [died] in flight.  The other one lost an arm and a leg, we had to amputate them.  After that, I started using China White (intravenous heroin), never before."  

   d.  He had been seen by "a counselor" for a month in Vietnam "after we blew those three kids up," and indicated he had never had therapy, counseling or psychiatric treatment before then.  He denies using any type of drugs at all prior to going to Vietnam or prior to seeing three children being killed by the land mine he had planted.  However, he was discharged and got an undesirable discharge for "scag heroin."  

   e.  His parents are still alive and together, and he has two living brothers.  His third brother committed suicide in 1976.  No one in the family has had neuropsychiatric treatment or alcohol or drug abuse or physical, emotional, or sexual abuse in the family.  He has been estranged from his parents and his brothers for many years.

   f.  He was seen for 3 days observation in a Glendale or Pasadena Hospital in 1984 or 1986 after attempting to commit suicide by slashing his wrists.  After the observation period, he saw an outpatient physician for a while in Van Nuys.  He was not given medication.  

   g.  Since his service in Vietnam, he describes a pattern of having night sweats, night terrors, and nightmares where he wakes up in the middle of the night.  He stated, "In the dreams and nightmares it's always a rainy night, and there's a big roar, a flash, the patterns, the kids, and us chopping down to make an LZ or landing zone for the chopper to come in.  The sounds."
   
   h.  He has startle reactions, flashbacks, emotional instability, "confusion and depression," and he says, "I have problems coping.  I can't take it.  I get an attitude real quick.  I've never worked more than a couple of months.  I just walk off the job.  I get stressed out I walk off.  I can't deal with it, that's the main reason I lose a lot of the jobs.  I'll work and something changes.  I can't hold a job.           I can't function.  I can't deal with it.  I can't go shopping.  I can't go to games.         I can't go to concerts.  I'm not in control there.  I just don't feel in control."

   i.  He has worked for various trucking companies.  The longest job he's had was 7 months.  He worked as a miner, a security guard in a warehouse, and for tobacco gatherers on farms.  He's never maintained a long-term live-in relationship with a female.

   j.  He's now in treatment at the local Veteran's Satellite Clinic, and also with their counselor, Mr. HG, who has diagnosed his PTSD.

   k.  He says, "I only talk with the Vet's, they're the only people I associate with.  It takes me hours to do the dishes.  I don't do cooking.  I don't go shopping." When asked if he had any interests or talents or activities, he said, "I lost them all, like woodworking.  I don't do anything."

   l.  There is a history, as mentioned above, of PTSD symptoms and intrusive recollections of a distressing event, and flashbacks, nightmares, startle reaction, dissociation, agitation, emotional lability and depression.

   m.  His DMS IV diagnosis was listed as follows:

		(1)  Axis I:  PTSD, chronic and severe 309.81; Cannabis dependence and cannabis abuse 304.30 and 305.20; Polysubstance dependence in sustained full remission 304.80; [amphetamines, cocaine, opiates, hallucinogenic, sedates, hypnotics, anxiolytic]

   (2)  Axis II:  Personality Disorder NOS with antisocial features 301.90

		(3)  Axis III:  Claimant complains of elbow, shoulder, spine, back, arm and foot pain with dental problems, and also numbness in his right three fingers and elbow

		(4)  Axis IV:  Severity of psychosocial stressors this past year: homeless, problems with housing, economic problems, occupational problems, educational problems, problems related to the social environment, problems with interaction with the legal system, problems with the primary support group and problems of a psychosocial and environmental nature

   (5)  Axis V: Global assessment of functioning scale: 40

   m.  Dr. AAP also stated the applicant should continue in treatment with the Veteran's PTSD therapy unit and satellite clinic, and also would benefit from antidepressant medication.  He also would benefit from substance abuse treatment.  He is capable of handling his own funds.

10.  He provided two letters from RDB, PhD (Master Addiction Counselor, Clinical and Forensic Psychopathologist, Certified Disability Analyst): 

	a.  The first letter was undated and stated that the applicant entered the Army in 1970, and upon turning 18, he went to Vietnam from 1971 to 1972.  He was assigned with a war dog.  The applicant stated he did not use drugs of alcohol prior to entering the military.  When he was discharged in 1972, he received an under other than honorable conditions discharge due to his drug use.  The applicant recounted numerous times of being on reconnaissance patrols and of walking point with the war dog.  Once he recounted the detail of being a part of a three team unit which would set up a perimeter and it was his duty to sweep between the three units with the dog.  He recalls the snakes, bugs, leeches and of seeing a type of praying mantis which was approximately one foot in height.  The applicant gave many accountings and recollections from Vietnam with notable emotional disassociation and disconnection.  He recalls a fellow serviceman who collected the eyes of dead enemies and showed them off as souvenirs.  These recountings were all reflected upon with no emotion.  He states he experiences sleep disorder, hyper action and reaction, flashbacks, anger, isolation, reaction to simple stimuli, intrusive thoughts, and is presently homeless.  He has three brothers, two still living, and his parents are still married.  

		(1)  He was diagnosed with:

			(a)  AXIS I:  PTSD; sedative/hypnotic dependence in remission

			(b)  AXIS II - Deferred 

			(c) AXIS III - emotional disassociation, flashbacks, agitation, sleep disorder, hyper action/reactions

			(d)  AXIS IV:  Code rating 5; Isolation, unemployable, homeless, emotional disassociation to a severe degree
   (e)  AXIS V:  4-45 Global Assessment of Functioning (GAF)

		(2)  In dealing with the applicant, the level of disassociation and emotional paralysis was most notable.  It appears as if in order to deal with the memories now and the duties then of Vietnam that the applicant was forced to learn how to completely shut off all emotions and emotional response.  At this time, not only would it be challenging for the applicant to regain emotions, it is difficult to ascertain the outcome as he would to feel all he has suppressed for so many years.  Dr. RDB recommended the applicant be considered for disability based upon the PTSD.  

	b.  The second letter, dated 31 October 2003, was written to the Division of Disability Services in response to that agency's request for information.  In this letter, Dr. RDB stated he had the opportunity to work with the applicant for a number of sessions.  The applicant lives with chronic and permanent PTSD and depression.  The applicant is unemployable due to his condition.  The applicant strives to keep an air of competence and capability, and while he would be able to find work he would be unable to keep or maintain that employment.  The applicant has no coping or stress management skills.  He also severely lacks socialization skills which would be required for maintaining employment.  Additionally, with cases of severe PTSD, there is the issue of being a threat to fellow co-workers and the issue of conflict resolution becomes a point of critical concern.  Dr. RDB recommended the Division of Disability Determination Services consider the applicant as total and permanent in his disability.

11.  His record contains a Mental Health Report, issued by Dr. RDB, and dated 
3 November 2003.  This report provides a detailed description of the applicant's symptoms and diagnoses described in the letters summarized above.

12.  He provided an undated medical record transcribed by Dr. AAP, MD, describing the applicant's symptoms at the age of 53.  Dr. AAP's report shows:

   a.  His DSM IV diagnosis was listed as follows:

   (1)  Axis I:  Chronic, Severe PTSD, with depressive features 309.81; Any substance abuse, including cannabis, and other substance abuse all in sustained full remission for over 6 years 304.30 

   (2)  Axis II:  Personality Disorder NOS, with highly attenuated antisocial features 301.90

   (3)  Axis III:  The above mentioned medical condition

   (4)  Axis IV:  Severity of psychosocial stressors: numerous

   (5)  Axis V: Global assessment of functioning: 40

   b.  Dr. AAP stated that the applicant presents just as severely ill as when he had last seen him in 1997, with profound, severe PTSD symptomology and depression.  He is a haunted man, and in a considerable amount of anguish, torment, remorse, and guilt.  He has survivor guilt, hypervigilance, and severe startle reaction, and is a severely damaged individual.  He should remain in therapy, and remain in the support of the veterans surroundings from which he sustains his own safety.

13.  He provided a 3 page medical document issued by the Internal Medicine – Cordata Main, on 23 April 2015.  This document lists his condition of PTSD.

14.  He provided a document issued by Cuan Sabhailte Counseling on 22 May 2015, which states the applicant suffers from frequent bouts of depression, irritation, angry outburst and difficulty maintaining close relationship with family and friends.  The applicant served in Vietnam and was involved in numerous firefights, conducted reconnaissance, and participated hand to hand combat.

   a.  The applicant has been diagnosed with PTSD by numerous medical staff.  Upon returning from Vietnam he engaged in alcohol and drug abuse to deaden the pain and voices of the people he saw killed or killed himself.  The applicant divorced his first wife due to emotional difficulties.  He has stopped drinking and use of illegal drugs.

   b.  The applicant continues to struggle with close relationships with family and friends.  He has little patience with people and does not trust most individuals. When he becomes frustrated he can become vocally hostel and in extreme cases verbally abusive.  He isolates from the general community and avoids speaking to or looking at people he does not know.

   c.  His diagnosis was listed as "DSM5 Post traumatic Stress Disorder 309.81 with Mixed Anxiety and Depressed Mood" and the barriers to recovery are created by guilt, reduced interpersonal functioning/some social isolation, some dysphoria, sleep disorder/nightmares, and intrusive thoughts.

15.  Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel for unfitness and unsuitability.  This regulation provided the authority for the separation of enlisted personnel for unfitness based on drug addiction or the unauthorized use or possession of habit-forming drugs or marijuana.  Members separated under these provisions could receive either an under honorable conditions (general) discharge or an honorable discharge or under other than honorable conditions discharge as directed by the convening authority.

16.  Army Regulation 635-200 (Personnel Separations - Enlisted Personnel) states:

	a.  An honorable discharge is given when the quality of the Soldier’s service has generally met standards of acceptable conduct and duty performance.  

   b.  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.

17.  PTSD can occur after someone goes through a traumatic event like combat, assault, or disaster.  The 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." 

18.  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.

19.  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. 

20.  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.  

21.  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.

22.  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?

23.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's discharge proceedings for unfitness were conducted in accordance with law and regulations in effect at the time.  The characterization of the applicant's discharge was commensurate with the reason for discharge and overall record of military service in accordance with the governing regulations in effect at the time.

2.  At the time of the applicant's discharge, PTSD was largely unrecognized by the medical community and DoD.  However, both 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.  A review of the applicant's record and the evidence that he provided shows that he was subjected to the ordeals of war while serving in Vietnam.  Of particular note is the instance during which three Vietnamese children he had befriended were killed by an antipersonnel mine he planted.

5.  Subsequent to these experiences, medical evidence shows the applicant was diagnosed with PTSD/PTSD-related symptoms by numerous mental health professionals.  Therefore, it is reasonable to believe the applicant's PTSD condition existed at the time of discharge. 

6.  The medical evidence strongly indicates a traumatic incident led to his drug use and possession, the misconduct that led to his discharge under other than honorable conditions.  

7.  His record is void of any serious previous misconduct during this period of service and the misconduct of failing to report and going AWOL, and drug use and possession appear to have been events that were the result of his lapse in judgment, which is characteristic of Soldiers suffering from PTSD.

8.  Therefore, it is concluded that PTSD was a causative factor in the misconduct that led to his UOTHC discharge.  After carefully weighing that fact against the severity of the applicant's misconduct, there is sufficient mitigating evidence to warrant upgrading the characterization of the applicant's service to under honorable conditions (general).






BOARD VOTE:

__X______  __X______  _X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 
correcting his DD Form 214 to show his character of service as under honorable conditions (general).




      __________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)                                         AR20150005169





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ABCMR Record of Proceedings (cont)                                         AR20150005169



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