MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:          30 October 2003   
	DOCKET NUMBER:  AR2003088419

	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	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis L. Greenway		Chairperson	
	Mr. Ernest W. Lutz		Member	
	Mr. Larry C. Bergquist		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:  Reconsideration of earlier appeals to correct his military records by upgrading his undesirable discharge to honorable.

APPLICANT STATES:  In effect, that prior to Vietnam his military records were satisfactory.  He contends that while in Vietnam he experienced many traumatic situations and this led to his drug use to help him cope with the daily situations.  

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in the Memorandum of Consideration prepared to reflect consideration of Docket Number AC97-05819 by the Army Board for Correction of Military Records (ABCMR) on 3 June 1998.

On 16 December 2002, the staff of the ABCMR reviewed a request for reconsideration and determined that the applicant had not provided any new evidence and his request was closed without further action. 

The applicant submitted a medical record, dated 3 April 2002, from the Department of Veterans Affairs (DVA) which shows that he was diagnosed with PTSD, major depressive disorder, opiod dependence in full remission, alcohol dependence in "early full" remission.  This medical record was previously reviewed by the ABCMR with the applicant's request for reconsideration.

The applicant submitted a letter, dated 14 February 2002, from a psychiatrist who opines that the applicant has PTSD which was directly caused by his combat experiences in Vietnam.  This letter was also previously reviewed by the ABCMR with the applicant's request for reconsideration.

The applicant submits a VA Form 21-4138 (Statement in Support of Claim), dated 11 March 2003.  He contends that he was suffering from PTSD while in Vietnam.  He also contends that one of the reasons he went absent without leave (AWOL) was because of PTSD due to his mental state of mind.  
 
The applicant's contentions pertaining to PTSD are new arguments which will be considered by this Board.

The available records do not contain the applicant’s separation physical examination prior to his separation on 28 November 1972.

There is no evidence in the available records that the applicant had any mental or medical condition prior to his separation. 

The Diagnostic and Statistical Manual of Mental Disorders, 4th Edition (DSM-IV), states that PTSD is an anxiety disorder which is characterized by the reexperiencing of an extremely traumatic event accompanied by avoidance of stimuli associated with the trauma.  The manual states, in pertinent part, that traumatic events that are experienced directly include but are not limited to military combat.  The characteristic symptoms resulting from the exposure to the extreme trauma include persistent reexperiencing of the traumatic event and persistent avoidance of stimuli associated with the trauma and numbing of general responsiveness.  The person commonly makes deliberate efforts to avoid thoughts, feelings, or conversations about the traumatic event and to avoid activities, situations, or people who arouse recollections of it.  

Army Regulation 635-200, paragraph 3-7, provides that an honorable discharge is a separation with honor and entitles the recipient to benefits provided by law.  The honorable characterization is appropriate when the quality of the member’s service generally has met the standards of acceptable conduct and performance of duty for Army personnel (emphasis added), or is otherwise so meritorious that any other characterization would be clearly inappropriate.  Whenever there is doubt, it is to be resolved in favor of the individual.

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.  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 this requirement.

2.  The Board recognizes that the DVA and the applicant's civilian psychiatrist diagnosed him with PTSD following his active duty service.  However, there is no medical evidence of record, and the applicant has provided no medical evidence, which shows that he had a mental condition that rendered him incapable of judging right from wrong and of adhering to the right prior to his separation from active duty on 28 November 1972.  The DSM-IV does not list the failure to know right from wrong as a symptom of PTSD.

3.  After review of all the evidence in this case and the latest arguments this Board concluded the applicant has presented no argument or evidence which is sufficient to reverse the previous decision rendered by the ABCMR in AC97-05819 on 3 June 1998.

4.  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

CLG____  EWL____  LCB_____  DENY APPLICATION

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

INDEX

CASE ID	AR2003088419	
SUFFIX		
RECON	19980603	
DATE BOARDED	20031030	
TYPE OF DISCHARGE	UD	
DATE OF DISCHARGE	19721128	
DISCHARGE AUTHORITY	AR 635-206  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.0200	
2.		
3.		
4.		
5.		
6.