BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150015564 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 BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150015564 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _____________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. BOARD DATE: 6 December 2016 DOCKET NUMBER: AR20150015564 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 correction of item 30 (Remarks) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 13 March 1968 to show his rank as sergeant/E-5. He also requests an upgrade of his discharge from the U.S. Marine Corps (USMC) based on his diagnosis of post-traumatic stress disorder (PTSD). 2. The applicant states, in effect: a. There is a major error on his Army DD Form 214. Item 30 (Remarks) refers to item 5a (Grade, Rate, or Rank) and item 5b (Pay Grade) and shows his rank and pay grade as "PFC (P) E-3 [private first class (PFC) (permanent)/E-3]," indicating he was reduced to PFC. He was never involved in any court-martial action. He requests restoration of his rank to sergeant (SGT)/E-5 b. While serving in the USMC from 1968 to 1972, he was convicted by a general court-martial as a result of his violent behavior due to his undiagnosed PTSD from his Vietnam service in the Army and the USMC. He requests an upgrade of his discharge from the USMC based on his diagnosis of PTSD. His PTSD was the main cause of the behavior that led to his discharge. He would have served in the USMC for 20 years or more otherwise. 3. The applicant provides: * DD Form 214 for the period ending 13 March 1968 * Department of Veterans Affairs (VA) Rating Decision, dated 4 September 2014 * self-authored to the VA, dated 11 May 2015 * self-authored letter to the Army Review Boards Agency, dated 19 July 2016 4. Although the applicant indicates he provides his USMC DD Form 214, this form was not attached to his application. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's request to upgrade his USMC discharge was noted. However, the ABCMR does not have jurisdiction over USMC records. The applicant may request correction of his USMC records by submitting an application to the Board for Correction of Naval Records, 701 S. Courthouse Road, Suite 1001, Arlington, VA 22204-2490. This portion of his request will not be discussed further in this Record of Proceedings. 3. The applicant was inducted into the Army of the United States on 14 March 1966. He arrived in Vietnam on 23 November 1966. 4. On 4 July 1967, nonjudicial punishment (NJP) was imposed against him under Article 15 of the Uniform Code of Military Justice (UCMJ) for leaving his appointed placed of duty without authority. 5. Item 33 (Appointments and Reductions) of his DA Form 20 (Enlisted Qualification Record) shows his: * appointment to the permanent rank of private/E-1 upon induction on 14 March 1966 * appointment to the permanent rank of private/E-2 on 14 July 1966 * appointment to the permanent rank of PFC/E-3 on 26 September 1966 * appointment to the temporary rank of specialist four/E-4 on 27 December 1966 * appointment to the temporary rank of sergeant/E-5 on 17 September 1967 6. Item 38 (Record of Assignments) of his DA Form 20 shows he served in duty military occupational specialties 76M (ammunition records clerk) and 55B (ammunition storage specialist) during his assignment in Vietnam. He departed Vietnam on 22 November 1967. 7. On 18 January 1968, NJP was imposed against him under Article 15 of the UCMJ for being apprehended by civilian authorities for creating a disturbance in a club. 8. On 4 March 1968, NJP was imposed against him under Article 15 of the UCMJ for failing to prepare for class. 9. On 13 March 1968, he was honorably released from active duty in the temporary rank of SGT/E-5 due to his expiration term of service. He was transferred to the U.S. Army Reserve (USAR) to complete his military service obligation. 10. His DD Form 214 for the period ending 13 March 1968 shows in: * item 5a (Grade, Rate, or Rank) – SGT (temporary) * item 5b (Pay Grade) – E-5 * item 6 (Date of Rank) – 17 September 1967 * item 30 (Remarks) – * "PFC (P) E-3 [private first class (PFC) (permanent)/E-3]" * "Aptd 26 Sep 66 [Appointed 26 September 1966]" 11. There is no evidence showing he was diagnosed with PTSD or any mental health condition prior to his separation from the Army. 12. His records show he was honorably discharged from the USAR on 21 November 1968 for immediate enlistment in the USMC. He enlisted in the USMC on 22 November 1968 for a period of 2 years. The circumstances surrounding his discharge from the USMC are not available for review. 13. He provided a VA Rating Decision, dated 4 September 2014, showing his service-connected disability rating for PTSD was increased from 70 percent to 100 percent effective 17 March 2010. 14. He provided a letter he wrote to the VA, dated 11 May 2015, stating: a. Item 30 of his Army DD Form 214 incorrectly shows he was reduced to PFC. He was not involved in any court-martial actions and he wants his rank restored. b. While serving in the USMC, he went back to Vietnam and his PTSD symptoms doubled, which led to his general court-martial. He did not know his PTSD was bad and the main factor of his violent behavior. c. He requests correction of his DD Form 214 because PTSD was the main factor of his actions and angry behavior. Otherwise, he would have stayed in the USMC and served 20 or more years like his brother did. 15. He also provided a self-authored letter, dated 19 July 2016, stating he suffered from PTSD while serving in the Army and it became worse during his service in the USMC. Without knowing it, PTSD was the causative factor of his anger problem and violent behavior. Otherwise, he would have stayed in the USMC and served 20 years. 16. An advisory opinion was rendered by the Army Review Boards Agency Senior Medical Advisor, dated 26 September 2016, wherein he stated: a. A review of the applicant's electronic medical records revealed clinical encounters between 2008 and 2012. b. A limited review of VA records through the Joint Legacy Viewer revealed that PTSD was entered on 20 April 2001 and chronic PTSD was entered on 22 February 2010 and updated on 16 November 2015. c. The applicant met medical retention standards applicable to his era of active duty service in the Army. He was transferred to the USAR following his discharge. He apparently met medical accession standards for the USMC while assigned to the USAR and he subsequently enlisted in the USMC. d. His medical conditions were duly considered during his medical separation processing. e. A review of the available documentation found no evidence of a medical disability or condition which would support a change to the character or reason for the discharge in this case. 17. A copy of this advisory opinion was provided to the applicant for comment and/or rebuttal. He responded and stated: a. His behavior and attitude changed after he returned home from Vietnam. He was aggressive, angry, isolated, paranoid, and distant from his family. His behavior during his service in the USMC was likewise. b. His aggressive behavior was caused by his combat tour in Vietnam. His second combat tour in Vietnam with the USMC in 1969 to 1970 changed his life in all aspects. c. His reassignment was due to his PTSD, but the condition wasn't recognized. His actions were in self-defense at the club due to a rude and biased doorman. d. He didn't want to join the USAR, but he enlisted in the USMC in late 1968. The Vietnam War totally ruined his life as far as his health goes as a result of his PTSD. REFERENCES: Army Regulation 635-5 (Personnel Separation – Separation Documents), in effect at the time, stated if the grade as shown in item 5a was not permanent, enter the permanent grade, date of appointment, and date of rank if different from the date of appointment in item 30. DISCUSSION: 1. The applicant requests amendment of item 30 of his DD Form 214 for the period ending 13 March 1968 to show his rank and pay grade as SGT/E-5 instead of PFC/E-3. 2. The evidence of record shows he was appointed to the permanent rank of PFC/E-3 effective 26 September 1966, which is properly reflected in item 30 of his DD Form 214 for the period ending 13 March 1968. 3. The evidence of record also shows he was appointed to the temporary rank of SGT/E-5 effective 17 September 1967, which is properly reflected in item 5a, item 5b, and item 6 of his DD Form 214 for the period ending 13 March 1968. 4. The governing regulation stated that if the grade as shown in item 5a is not permanent, enter the permanent grade, date of appointment, and date of rank if different from the date of appointment in item 30. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015564 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015564 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2