MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 January 1999                   
	DOCKET NUMBER:   AC97-05861
				   AR1999015650

	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. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Karen J. Newsome		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. John P. Infante		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:  In effect, that his bad conduct discharge be changed to a medical discharge under honorable conditions.

APPLICANT STATES:  He was suffering from post-traumatic stress disorder (PTSD).

COUNSEL CONTENDS:  In effect, that the applicant was suffering from PTSD at the time of the incident for which he was court-martialed.  He concedes that the applicant did not contest court procedures, but he made that decision primarily to insure he would receive medical treatment.  A medical discharge, rather than clemency, is warranted because under current standards he would not have received the type of discharge he did.  The applicant should have earned the National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM) and the Vietnam Campaign Medal (RVNCM) but he was not given those medals due to his court-martial.

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army on 25 June 1968.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman).  

On 21 November 1968, the applicant was convicted by a special court-martial of disobeying a lawful order.  He was sentenced to confinement at hard labor for     6 months (suspended), to forfeit $68 pay for 6 months, and to be reduced to pay grade E-1.

He arrived in Vietnam on 21 January 1969 and was assigned to Company B, 187th Infantry, 101st Airborne Division as a sniper.

On 12 November 1969, the applicant was placed in pre-trial confinement.  On    14 January 1970, he was convicted by a general court-martial of offering violence to three superior commissioned officers by working the bolt on an M16 rifle and ordering them away from his billet; for disobeying a lawful order, and for wrongfully and willfully discharging a firearm under circumstances to endanger human life.  He was sentenced to confinement at hard labor for 2 years, to be reduced to pay grade E-1, to forfeit all pay and allowances, and to receive a bad conduct discharge.

On 3 March 1970, a neuro-psychiatric evaluation diagnosed the applicant as an inadequate personality, chronic, severe.

The applicant completed a release physical examination on 27 October 1970.  On his report of medical history, he checked the blocks “trouble sleeping,” “depression/excessive worry,” and “nervous trouble.”

On 23 November 1970, the U. S. Army Court of Military Review affirmed the sentence.

On 30 November 1970, the applicant was discharged, in pay grade E-1, with a bad conduct discharge pursuant to his court-martial sentence.  He had completed 1 year, 4 months and 17 days of creditable active service (to include  9 months and 21 days in Vietnam) and had 225 days of lost time plus 159 days subsequent to his normal expiration term of service.  His DD Form 214 shows that he did not earn any awards and decorations.

On 1 December 1970, the applicant was released on parole, his term of parole to end on 13 January 1972.

On 3 December 1973, the applicant was admitted to Central State (Wisconsin) Hospital by order of the Circuit Court, Milwaukee County.  He had been exhibiting hallucinatory symptoms, primarily related to his Vietnam tour.  During his interview with the evaluating psychiatrist, he admitted to using marijuana, cocaine, amphetamines, LSD, hashish and trying to snort heroin.  He was diagnosed with schizophrenia, paranoid type.

On 29 July 1981, the VA received a compensation claim from the applicant.  The reason for the claim is unknown.

In 1985, a civilian doctor’s psychiatric evaluation diagnosed the applicant with PTSD.

On 13 August 1985, the VA received a claim from the applicant for combat neurosis/PTSD.

In 1988, the same civilian doctor reconfirmed the applicant’s diagnosis as PTSD. PTSD was also diagnosed by another civilian doctor in 1996.

The applicant’s military medical records show the following history of medical complaints/treatment:

     1968:  July – foot pain; August – foot pain; September – thigh pain.

     1969:  April – hand x-rays, urethral discharge; October – trouble eating after tooth extraction; November – dysuria (difficulty in urinating), fever and chills, 

hemorrhoids; December – dizzyness and headaches with vision blackouts while standing formation in the sun.

     1970:  February – back problems; March – chronic back pain; August – sensitive eyes; September – back pain; October – back pain, muscle spasms.

Title 10, U.S. Code, section 1552, as amended, precludes any action by this Board which would disturb the finality of a court-martial conviction.

Army Regulation 600-8-22 provides that the NDSM is awarded for honorable active service for any period between…1 January 1961 and 14 August 1974….  The VSM and the RVNCM with device 1960 do not have any such restriction placed upon them and the applicant does meet the eligibility criteria for those two awards (plus four bronze service stars with the VSM).  It has also been determined that he was awarded the Army Commendation Medal, is eligible for the Combat Infantryman Badge, and is authorized to wear the following unit awards:  Presidential Unit Citation, Valorous Unit Award, Republic of Vietnam Gallantry Cross with Palm and the Republic of Vietnam Civil Actions Honor Medal First Class.  His DD Form 214 will be administratively corrected by the Army Review Boards Agency Support Division to add these awards.

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 the aforementioned requirement.

2.  Trial by court-martial was warranted by the gravity of the offenses charged.  Conviction and discharge were effected in accordance with applicable law and regulations, and the discharge appropriately characterizes the misconduct for which the applicant was convicted.

3.  There is no evidence in the available records or in the applicant’s supporting documentation to demonstrate that he suffered from PTSD while on active duty.  While he claimed several “nervous”-type disorders on his Report of Medical History at the time of his release on parole, his medical records show that he never requested treatment for those disorders at any time.

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

__KJN___  __FNE___  ___JPI__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC97-05861/AR1999015650	
SUFFIX		
RECON		
DATE BOARDED	19990121	
TYPE OF DISCHARGE	BCD	
DATE OF DISCHARGE	19701130	
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	105.00	
2.		
3.		
4.		
5.		
6.