IN THE CASE OF: BOARD DATE: 9 September 2010 DOCKET NUMBER: AR20100012774 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 reconsideration of his previous request to upgrade his dishonorable discharge. 2. On behalf of the applicant, his daughter states her father had no recollection of ever being electrocuted until recently and therefore any and all medical complications directly attributed to the incident were unreported and untreated. It was only through casual conversation with a former team chief that the applicant learned of what had occurred. In his earlier application he stated that due to his electrocution in June 1981, his personality changed. 3. The applicant provides the following new evidence in support of his application: * range of motion test results, dated 24 April 2009 * disability determination evaluation progress notes, dated 24 April 2009 * North Carolina Department of Health and Human Services Disability Determination Services evaluation, dated 25 April 2009 * Disability Determination Services release, dated 21 May 2009 * Department of Veterans Affairs Medical Center Medical Certification/Treatment Plan, dated 14 September 2009 * treatment notes from the Carolina Psychological Associates for the period between 14 September 2009 and 9 November 2009 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090009217 on 11 March 2010. 2. In the original decision, the ABCMR found the applicant was discharged under the provisions of Army Regulation 635-200 (Personnel Separations) as a result of a court-martial. He was convicted of distributing marijuana in the hashish form on 7 October and 1 November 1983, introducing marijuana in the hashish form with intent to distribute on 1 November 1983, and being AWOL from 5 January until 15 February 1984. He was convicted pursuant to an approved sentence of a general court-martial. The appellate review was completed and the affirmed sentence was duly executed. 3. A legal review was conducted and found the applicant's contention that he was in a coma for 7 days was not supported by the medical records. Records show he was seen in the emergency room for electric shock and admitted for observation. However, he was discharged the following day. The legal review found the evidence insufficient to support the upgrade of his discharge. 4. Medical treatment notes, progress notes, and test results, not previously reviewed by the ABCMR, were presented in support of his request for reconsideration. These documents are considered new evidence warranting consideration by the Board. 5. The new medical evidence shows he received treatment between 24 April 2009 and 9 November 2009 with his chief complaint recorded as electrocution. A disability determination evaluation found he suffered from severe post-traumatic stress disorder (PTSD) with somatization disorder. He was referred for follow-up care and received treatment with a psychologist on six separate occasions. The final note entered by the psychologist states, "At this point I am not sure exactly what the cause of [the applicant's] cognitive problems is or if his functioning can be improved enough for him to benefit from therapy." DISCUSSION AND CONCLUSIONS: 1. The applicant requests reconsideration to have his dishonorable discharge upgraded. 2. He contends the electrocution he suffered on active duty caused his personality to change; however, available medical records provided by the applicant and found in his service record fail to support this contention. In fact, a medical report provided by the applicant's psychologist clearly states he is unable to determine the exact cause for the applicant's cognitive problems. Further, there is no evidence of his hospitalization or loss of consciousness in the available records. 3. The applicant’s trial by court-martial was warranted by the gravity of the offenses charged. His conviction and discharge were effected in accordance with applicable law and regulations and the discharge appropriately characterizes the misconduct for which he was convicted. 4. As such, he request for an upgrade of his discharge should be denied. 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 that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20090009217, dated 11 March 2010. _______ _ _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) AR20100012774 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100012774 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1