IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150005297 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150005297 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 AR2010008950, dated 17 August 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. IN THE CASE OF: BOARD DATE: 9 August 2016 DOCKET NUMBER: AR20150005297 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 earlier request for an upgrade of his 1981 under other than honorable conditions discharge based on post-traumatic stress disorder (PTSD). 2. The applicant states his records show he was a good service member. His record of promotion showed he was generally a good service member. He was close to finishing his tour of duty and he previously had a general discharge due to personal problems. These problems impaired his ability to serve. The use of drugs and alcohol impaired his ability to serve. He had psychiatric problems, including PTSD, which he had as a young teen. He did not know he had it at the time until he was told he had it by a psychologist. 3. The applicant provides his 2011 psychological evaluation report. 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 AR2010008950, dated 17 August 2010. 2. In view of the Secretary of Defense's Guidance to Military Boards for Correction of Military/Naval Records Considering Discharge Upgrade Requests by Veterans Claiming PTSD, his request warrants consideration by the Board. 3. The applicant enlisted in the Massachusetts Army National Guard (MAARNG) for 6 years on 7 February 1976. He agreed to remain a member of the Ready Reserve during the period of this enlistment. 4. He entered active duty for training (ADT) on 16 May 1976, completed training and was awarded military occupational specialty 76Y (Unit Supply Specialist). He was honorably released from ADT on 14 September 1976 to the control of his ARNG unit. He was assigned to Battery B, 1st Battalion, 102nd Field Artillery. 5. After a series of unexcused absences from unit training, he was reduced to E-1 for misconduct (willful absence) and discharged from the ARNG on 2 December 1978 with an uncharacterized discharge. He was transferred to the U.S. Army Reserve (USAR) Control Group. 6. On 19 October 1978, Headquarters, First U.S. Army, Fort Meade, MD ordered him to active duty for 19 months and 1 day, effective 3 December 1978. He was ordered to report to Fort Dix Reception Station with an ultimate assignment to the 707th Maintenance Battalion, 7th Infantry Division Support Command, Fort Ord, CA. 7. On 1 October 1979, he departed his unit in an absent without leave (AWOL) status and on 30 October 1979, he was dropped from the Army rolls as a deserter. He ultimately surrendered to military authorities on 2 June 1981 at Fort Ord, CA. 8. On 31 October 1979, following his 30th day of AWOL, his chain of command prepared a DD Form 458 (Charge Sheet). This form shows court-martial charges were preferred against him for one specification of being AWOL from on or about 1 October 1979 through an undetermined date. 9. The complete facts and circumstances surrounding his discharge are not available for review with this case. However, his records contain the following documents: a. Orders 190-456, issued by Headquarters, 7th Infantry Division, Fort Ord, on 23 September 1981, ordering him reassigned to the U.S. Army Separation Transfer Point for separation processing effective 30 September 1981. b. A DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he was discharged on 30 September 1981 under the provisions of chapter 10 of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel) in lieu of trial by court-martial with a character of service as under other than honorable conditions. He completed 1 year, 1 month, and 23 days of net active service during this period and he had 610 days of lost time. 10. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations. 11. On 17 August 2010, the Board reviewed his petition for correction of his under other than honorable condition discharge to a medical discharge but found no evidence to support his contentions. The Board denied his request. 12. His medical records do not indicate he suffered an injury or an illness that failed retention standards and/or would have warranted his referral to the Army disability system. 13. The applicant provides a psychological evaluation report, dated 14 June 2011. He underwent a psychiatric evaluation to assist him in receiving disability benefits from the Department of Veterans Affairs. The result of this evaluation was chronic PTSD secondary to abusive and neglectful childhood. 14. The Office of The Surgeon General (OTSG) reviewed the medical document he provided and rendered an advisory opinion on 6 July 2016 in his case. An OTSG official referenced the Diagnostic and Statistical Manual-5th Volume; AR 40-501 (Standards of Medical Fitness), with revision, dated 4 August 2011; and AR 635-200 (Active Duty Enlisted Separations), dated 6 September 2011. The OTSG official stated: a. The applicant enlisted in the ARNG in 1976. He entered active duty on 3 December 1978 and was discharged under other than honorable conditions on 30 September 1981, in accordance with AR 635-200 Chapter 10 (Conduct Triable by a Court-Martial). OTSG was asked to determine "if there is a nexus between the information/diagnoses contained in that documentation and the misconduct that resulted in the applicant's discharge." This opinion is based solely on the information provided by the Board as the DOD electronic medical record (AHLTA) was not in use at that time. b. Records indicate that while in the ARNG, he intentionally missed the number of drills required to be ordered to active duty. He was dropped from unit rolls on 31 October 1979, having been AWOL since 1 October 1979. On 14 June 2011, he was referred by his primary care physician for evaluation by a civilian psychologist who noted that he had been on Social Security disability since 1979 for a back injury. At this time, he was diagnosed with PTSD "secondary to a highly abusive and neglectful childhood" and polysubstance dependence. c. There are no behavioral health records during his service that indicate he met criteria for PTSD or any other psychiatric disorder at the time of his separation. Therefore, OTSG does not have sufficient information to determine if PTSD or any BH condition was present at the time of discharge. 15. The applicant was provided with a copy of this advisory opinion to give him an opportunity to submit a rebuttal and/or any additional information. He did not respond. REFERENCES: 1. AR 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual's admission of guilt. Although an honorable or general discharge is authorized, an under other than honorable conditions discharge is normally considered appropriate. a. Paragraph 3-7a states 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 or is otherwise so meritorious that any other characterization would be clearly inappropriate. b. Paragraph 3-7b states 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. 2. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army physical disability evaluation system and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his office, grade, rank, or rating. It provides for medical evaluation boards which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status. A decision is made as to the Soldier's medical qualifications for retention based on the criteria in chapter 3, AR 40-501. 3. AR 635-40 states the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the member reasonably may be expected to perform because of his office, rank, grade or rating. The Army must find that a service member is physically unfit to reasonably perform his duties and assign an appropriate disability rating before that service member can be medically separated or retired. DISCUSSION: 1. The applicant's record is void of the complete facts and circumstances that led to his discharge. However, his record contains a properly-constituted DD Form 214 that shows he was discharged on 30 September 1981 under the provisions of chapter 10 of AR 635-200 in lieu of trial by court-martial. 2. The issuance of a discharge under the provisions of AR 635-200, chapter 10, required him to have voluntarily, willingly, and in writing, request discharge from the Army in lieu of trial by court-martial. It is presumed that all requirements of law and regulation were met and his rights were fully protected throughout the separation process. Further, it is presumed his discharge accurately reflects his overall record of service during his last enlistment. 3. The type of discharge directed and the reason for discharge were appropriate considering all the facts of the case. The quality of his service did not meet the standards of acceptable conduct and performance of duty for Army personnel. He correctly received the appropriate character of service, under other than honorable conditions discharge. 4. There is insufficient evidence to support a diagnosis of PTSD or related condition that contributed to his misconduct at the time. His service was interrupted by his AWOL, not by any medical or behavioral health condition. There is insufficient evidence to support a nexus between the medical documents he provides and the misconduct that led to his discharge. 5. Likewise, there is no evidence in the available records and he did not provide any evidence to show he suffered from a medical condition that failed retention standards or rendered him unable to perform the duties required of his former grade and military specialty, or was issued a permanent profile, or was diagnosed with an unfitting condition. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150005297 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150005297 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2