MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 February 2001               
	DOCKET NUMBER:   AR2000046126

	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. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Melvin H. Meyer		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:  That he be advanced on the retired list to pay grade E-6.

APPLICANT STATES:  That his misconduct was the result of his suffering from post-traumatic stress disorder (PTSD) due to his combat experience in Vietnam.  He states that upon his return from Vietnam he experienced nightmares, memories of his unit members who were killed, and meeting the parents of the soldiers he promised to keep alive.  He states that he attempted to obtain help from his unit commanders, but never was provided treatment for his PTSD and drinking.  In support of his application he submits letters of commendation and appreciation, 3 DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge), orders for the Good Conduct Medal and the Bronze Star Medal, Department of Veterans Affairs (VA) Rating decision dated 6 September 1995 (30% service connected for PTSD), his treatment plan for PTSD, and a letter of support from the Department of Psychiatry, Duke University Medical Center.  

COUNSEL CONTENDS: That the applicant’s claim that he suffered from PTSD is supported by the medical evidence from VA.  He contends that the applicant’s discipline problems occurred after Vietnam and his service prior to Vietnam was satisfactory or above average.  He contends that despite the number of reductions in pay grade E-6, the applicant was promoted to pay grade E-6 within reasonable periods of time.  Also, the applicant served in the pay grade of E-6 for 14 years.

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

The applicant entered the Army on 25 July 1950.  His awards include the Bronze Star Medal, the National Defense Service Medal with oak leaf cluster, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with 60 Device. He honorably retired on 31 December 1970 in the rank of specialist four.

The file shows the applicant was promoted to pay grade E-6 on three occasions: promoted to pay grade E-6 on 11 January 1954 and reduced to pay grade E-5 by non-judicial punishment (NJP) on 6 January 1968 for misconduct; promoted to pay grade E-6 on 19 August 1968 and reduced to pay grade E-5 by NJP on 15 January 1969 for being absent without leave (AWOL): promoted to pay grade E-6 on 26 June 1969 and reduced to pay grade E-5 on 8 December 1969 by NJP for failure to go to his appointed place of duty, being found drunk on duty, and disobeying the lawful command of a second lieutenant.

He was AWOL from 3 February 1970 to 16 February 1970 and received NJP on 25 February 1970 that reduced him to pay grade E-4.  He was convicted by a special court-martial on 13 July 1970 for being AWOL from 1 June 1970 to 
17 June 1970.  Also, he received NJP 23 November 1970 for being AWOL from 5 October 1970 to 28 October 1970.

The Department of the Army Ad Hoc Review Board on 18 August 1983 reviewed the applicant’s official military personnel file to determine the highest grade he served satisfactory while on active duty.  The Ad Hoc Review Board determined that pay grade E-5 was the highest pay grade the applicant served satisfactorily. He was advanced on the retired list to the pay grade of E-5. 

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 Board concurs with the findings of the Ad Hoc Review Board that the applicant did not serve satisfactorily at the pay grade of E-6 due to his SPCM conviction and 5 NJPs which resulted in his reduction to E-4.

2.  Based upon the applicant’s overall service, the Board concurs with the AD Hoc Review Board that pay grade E-5 was the highest grade he held satisfactorily while on active duty.  His continuous acts of misconduct diminished the quality of his service below that meriting advancement on the retired list to the pay grade of E-6.

3.  The evidence submitted by the applicant indicates that he now suffers from PTSD.  The Board concludes that the evidence is insufficient to determine that the applicant’s diagnosis of PTSD was the reason he exhibited acts of misconduct during his military career.

4.  The fact that the VA, in its discretion, has awarded the applicant a disability rating is a prerogative exercised within the policies of that agency.  It does not, in itself establish an error or injustice for the Department of the Army.

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

__FNE__  __MKP__  __MHM__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000046126	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010215	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	129.04	
2.		
3.		
4.		
5.		
6.