MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:  26 August 1999
	DOCKET NUMBER:   AR1999021179

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mr. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Samuel Calderon		Member	
	Ms. Barbara J. Ellis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, the his discharge under honorable conditions be upgraded to a medical discharge.

APPLICANT STATES:  In effect, that at the time of his discharge, he was suffering from a mental illness later diagnosed as post traumatic stress disorder (PTSD) due to his service in Vietnam; that he knew he was sick at the time of his discharge but did not know the exact nature of his illness; that he was not offered proper treatment for his illness; and that he did not discover this error until he received his records from the VA in 1996. 

EVIDENCE OF RECORD:  The applicant's military records show:

He had active duty service from 22 January 1963 to 16 January 1969.
He reenlisted on 19 January 1970 for a period of 3 years.  His highest attained rank was sergeant.

He was credited with 2 completed tours of duty in Republic of Vietnam (RVN) from 5 April 1968 to 24 May 1969 and 29 June 1971 to 25 December 1972.  He also served in RVN from 14 November 1970 to 24 May 1971 but did not receive credit for a completed tour of duty.

He was AWOL from 7 September 1973 to 2 January 1975.  On 13 January 1975, special court-martial charges were preferred against him for AWOL.

On 14 March 1975, he requested discharge under the provisions of Army Regulation 635-200, Chapter 10 in lieu of trial by special court-martial.  

During the processing of his request for discharge, he was afforded the opportunity to obtain legal counsel and submit a statement in his own behalf.  In his statement, he requested a waiver of the 72-hour waiting period.  He stated, in effect, that in light of his 11 ½ years of honorable service with no punitive action against him whatsoever, his application for an undesirable discharge was probably the most difficult decision he’s ever had to make, however, it appeared to be the most desirable alternative because of his present situation; and that he requested due consideration be given to his application and favorable action taken.

His report of medical history indicated that he was in good health and his report of medical examination qualified him for separation.

There was nothing in his records that indicated he had symptoms or received treatment for any type of mental illness including PTSD during his military service.

On 31 March 1975, the separation authority, a major general, approved his 

request for discharge and directed issuance of an Undesirable Discharge Certificate.  He was discharged on 14 April 1975.

On 15 February 1977, the Army Discharge Review Board, (ADRB) upgraded his undesirable discharge to a general discharge (under honorable conditions) based on the overall quality of his service.

His latest DD Form 214, separation document, shows that his separation on 14 April 1975 was under honorable conditions; that he had completed 9 years, 
10 months and 25 days of creditable service; and that he had 483 days of lost time. 

On 31 May 1981, the applicant applied to the ADRB for an upgrade of his general discharge that was subsequently denied.  The ADRB determined that his undesirable discharge was previously upgraded to a general discharge by the ADRB based on his record of honorable service, however, the serious nature of his misconduct, his lengthy AWOL, did not warrant a further upgrade.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 10 of that regulation provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may at any time after the charges have been preferred, submit a request for discharge for the good of the service in lieu of trial by court-martial.  A discharge under other than honorable conditions is normally considered appropriate.  However, at the time of the applicant's separation the regulation provided for the issuance of an undesirable discharge.

PTSD, an anxiety disorder, was not recognized as a psychiatric disorder until Disorders (DSM) III.  The condition is described in the current DSM-IV, pages 424 through 427.  While PTSD has only been categorized by psychiatrists as a distinct diagnosis since 1980, it has, as early as the Civil War, been described in psychological literature, variously labeled as shell shock, soldier's heart, effect syndrome, combat fatigue and traumatic neurosis.  Although the current label of PTSD is of rather recent acceptance, the idea that catastrophes and tragedies can result in persistent emotional and psychological symptoms is common even among the lay public.  Army Regulation 40-501 does not specifically categorize PTSD; however, it does address anxiety or neurotic disorders, which include PTSD, and provides that such disorders are unfitting only if persistence or recurrence of symptoms is sufficient to require extended or recurrent hospitalization, creates a necessity for limitations of duty or duty in a protected environment or resulting in interference with effective performance of military duty

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant’s request for an upgrade of his general discharge to a medical discharge is not supported by the evidence of record or any evidence submitted by him.

2.  There was nothing in his records or in the evidence he submitted that indicated he was suffering from post traumatic stress disorder and that such a disorder caused his lengthy AWOL or that it rendered him unfit for military service and thereby qualified him for a medical discharge rather than the administrative discharge under Chapter 10 he received.

3.  His administrative separation with a subsequent upgrade to a general discharge was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.

4.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___SP__  ___SC___  __BE____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021179	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990826	
TYPE OF DISCHARGE	(GD)	
DATE OF DISCHARGE	19750414	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	NA	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.