MEMORANDUM OF CONSIDERATION

IN THE CASE OF:   

BOARD DATE:            22 April 1999
DOCKET NUMBER:   AC95-10884A
			   AR1999021383

	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	
	Ms. P. A. Castle		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Elizabeth Buchanon 		Member	
	Mr. Thomas A. Pagan		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, reconsideration of his previous application to correct his records by upgrading his undesirable discharge to general.

APPLICANT STATES:  In effect, that post traumatic stress disorder (PTSD), well known to affect combat soldiers, was a mitigating factor which affected his judgment and many other soldier’s who belonged to the 82d Airborne at Fort Bragg, NC.

COUNSEL CONTENDS:  Counsel provided the applicant with random pages of medical records that are dated from 1981 to 1987 to send the Board for consideration.  The records diagnose the applicant as having PTSD and counsel asks that all consideration be given to granting relief to the applicant.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum of consideration (MOC) prepared to reflect the Board's original consideration of his case on          6 August 1997 (COPY ATTACHED).

The applicant submits in support of his request for reconsideration, an article from The News & Observer newspaper dated 26 October 1997.  The article titled “When Tough It Out Backfires” is about a deeply troubled soldier who committed suicide while assigned at Fort Bragg, NC.  The article summarizes the investigation which reveals that the soldiers commander’s refused to let mental health workers see him.  He further submits various pages of medical documentation which is dated 1981 through 1987.

The applicant’s original application reports that in 1982 he committed a crime while having a severe PTSD episode and that he was in prison as a result. 

Presidential Proclamation 4313, issued on 16 September 1974, provided for the issuance of a clemency discharge to certain former soldiers who voluntarily entered into and completed an alternate restitution program specifically designed for former soldiers who received a less than honorable discharge for AWOL related incidents between August 1964 and March 1973.  Upon successful completion of the alternate service, former members would be granted a clemency discharge by the President of the United States, thus restoring his or her affected civil rights.  The clemency discharge did not effect the underlying discharge and did not entitle the individual to any benefits administered by the Veterans Administration.  Soldiers who were AWOL entered the program by returning to military control and accepting a discharge in lieu of trial by court-martial.

Army Regulation 40-501 does not specifically categorize PTSD; however, it does address anxiety or neurotic disorders, which include PTSD, and provides that such disorders are unfitting only if persistence or recurrence of symptoms is sufficient to require extended or recurrent hospitalization, creates a necessity for limitations of duty or duty in a protected environment or resulting in interference with effective performance of military duty.  

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.  The applicant’s military record does not make any reference to the existence of PTSD prior to his discharge.

2.  There is no evidence that the applicant’s disciplinary actions were mitigated by PTSD resulting from combat in Vietnam.

3.  Failing evidence that, at the time of the military and civilian offenses that led to his discharge, the applicant was suffering from a mental or emotional defect so severe that he could not tell right from wrong and adhere to the right, the PTSD issue does nothing to demonstrate an injustice in the discharge.

4.  As in the applicant’s case, PTSD is frequently offered as an excuse for misconduct.  It has rarely been established as a successful defense for a crime.

5.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

6.  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

___INW__  ___EB__  ___TAP__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC95-10884A     AR1999021383	
SUFFIX		
RECON		
DATE BOARDED	19990422	
TYPE OF DISCHARGE	 UD	
DATE OF DISCHARGE	19930523	
DISCHARGE AUTHORITY	AR 635-200 CH 10	
DISCHARGE REASON	CH 10	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.