IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160004230 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: 19 October 2017 DOCKET NUMBER: AR20160004230 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. IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160004230 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 an upgrade of his general discharge under honorable conditions to honorable. 2. The applicant states he believes his record is unjust because he has suffered with alcoholism for many years caused by post-traumatic stress disorder (PTSD). 3. The applicant provides a copy of his DD Form 214 (Report of Separation from Active Duty). 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 enlisted in the Regular Army on 6 August 1975 for a period of 4 years. 3. On 16 September 1975, nonjudicial punishment (NJP) was imposed against him for absenting himself from his place of duty for 2 1/2 hours on 7 September 1975. 4. Following completion of initial entry training, he was reassigned to Korea and arrived on or about 10 January 1976. 5. His records contain a Standard Form 509 (Clinical Record – Doctor's Progress Notes), dated 23 February 1976, showing he was seen in the emergency room with complaints of anxiety, depression, and thoughts of suicide (no plans). He reported a prior heavy drug use, but no addiction. He was diagnosed with depression/anxiety syndrome. 6. On 16 April 1976, NJP was imposed against him for disobeying a lawful order from a superior noncommissioned officer on or about 8 March 1976. 7. His records contain a Standard Form 600 (Health Record – Chronological Record of Medical Care), dated 17 March 1976, showing he was seen in the emergency room with complaints of occasional bloody vomitus and abdominal pain. The examining physician noted the applicant was intoxicated; he was currently under arrest and brought to the emergency room by the Military Police. 8. On 24 March 1976, he was notified of his pending separation for failure to maintain acceptable standards for retention under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph  5-37 (Expeditious Discharge Program). The unit commander cited the following reasons for his proposed action: * the applicant was unable to adapt to the military and its way of life * he needed constant supervision and counseling * his discharge would be beneficial for him, the unit, and the Army 9. On 24 March 1976, he acknowledged notification of his proposed discharge, voluntarily consented to separation, and elected not to make a statement in his own behalf. He understood he might expect to encounter substantial prejudice in civilian life if he were issued a general discharge. He also acknowledged he had been provided an opportunity to consult with counsel. 10. On 14 April 1976, he underwent a separation physical examination and was found qualified for separation with a physical profile rating of "1" under the psychiatric functional factor. Item 42 (Psychiatric) of his Standard Form 88 (Report of Medical Examination), dated 14 April 1976, shows he was rated normal. His Standard Form 93 (Report of Medical History), dated 14 April 1976, also shows he denied having trouble sleeping, depression or excessive worry, and nervous trouble. 11. On 22 April 1976, the separation authority approved the recommendation for separation and directed the issuance of a General Discharge Certificate. 12. He departed Korea on 7 May 1976. 13. He was discharged on 10 May 1976 under the Expeditious Discharge Program for failure to maintain acceptable standards for retention under the provisions of Army Regulation 635-200, paragraph 5-37. He completed 9 months and 5 days of total active service. 14. There is no evidence showing he was diagnosed with alcohol dependency or PTSD prior to his discharge. 15. There is no indication he applied to the Army Discharge Review Board for an upgrade of his discharge within its 15-year statute of limitations. 16. An advisory opinion was rendered by the Army Review Boards Agency Psychiatrist, dated 6 September 2017, wherein she stated: a. The applicant's military records are void of documentation of any symptoms or diagnosis of PTSD. His records contain one medical emergency room note, dated 23 February 1976, which indicates he presented with complaints of depression, anxiety, and suicidal ideation. The examining physician diagnosed him with depression/anxiety syndrome and prescribed medication to calm his nerves and help him sleep. A second emergency room note, dated 17 March 1976, documents he was intoxicated at the time of the evaluation. Unfortunately, the nonspecific nature of these notes makes it difficult to determine if any underlying psychopathology was present or not. Depression, anxiety, suicidal ideation, and alcohol intoxication are common symptoms found in many different psychiatric conditions and, as such, are not pathognomonic of any specific psychiatric illness. b. The medical records contain no documentation of any outpatient behavioral health visits or inpatient behavioral health hospitalizations. c. There is no indication in the applicant's records that he failed to meet medical retention standards. d. Based on the information available at this time, there is insufficient evidence to support the applicant's contention that the misconduct leading to his discharge under honorable conditions was due to alcoholism caused by PTSD that he developed while serving on active duty. 17. A copy of the advisory opinion was provided to the applicant for comment and/or rebuttal. He did not respond. REFERENCES: 1. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Paragraph 3-7a 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 or is otherwise so meritorious that any other characterization would be clearly inappropriate. b. Paragraph 5-37, in effect at the time, provided for the discharge of enlisted personnel who had completed at least 6 months but less than 36 months of active duty service and who demonstrated they could not or would not meet acceptable standards required of enlisted personnel in the Army because of the existence of one or more of the following conditions: poor attitude, lack of motivation, lack of self-discipline, inability to adapt socially or emotionally, or failure to demonstrate promotion potential. No individual would be discharged under this program unless the individual voluntarily consented to the proposed discharge. Individuals discharged under this provision of the regulation were issued an honorable or a general discharge. 2. Army Regulation 40-501 (Standards of Medical Fitness), chapter 7 (Physical Profiling), provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing and if reclassification action is warranted. Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): * P – physical capacity or stamina * U – upper extremities * L – lower extremities * H – hearing and ears * E – eyes * S – psychiatric 3. A physical profile rating of "1" under all factors indicates an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment. DISCUSSION: 1. Although the applicant contends he was suffering from alcoholism caused by PTSD, there is no evidence showing he was diagnosed with alcohol dependency or PTSD prior to his discharge. On 14 April 1976, he underwent a physical separation examination and was found qualified for separation with a physical profile rating of "1" under the psychiatric functional factor. His Standard Form 88, dated 14 April 1976, shows he was rated normal for psychiatric features. His Standard Form 93, dated 14 April 1976, shows he denied having trouble sleeping, depression or excessive worry, and nervous trouble. 2. His brief record of service included two NJPs. 3. The advisory opinion provided by the Army Review Boards Agency Psychiatrist states his military records are void of documentation of any symptoms or diagnosis of PTSD and there is insufficient evidence to support his contention that the misconduct leading to his general discharge was due to alcoholism caused by PTSD that he developed while serving on active duty. 4. His administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize his rights. He voluntarily consented to the discharge. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004230 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004230 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2