IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150008043 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 that his discharge be upgraded from under other than honorable conditions to general under honorable conditions or honorable conditions. 2. The applicant states, in effect, that when he came home from Vietnam he could not return to the shooting, bombing, and killing. He did not want to do any more killing and he was scared to go back to Vietnam. He was 21 years old and did not know what to do so he went absent without leave (AWOL). He did turn himself in to the Army. This is the only thing that he has ever done wrong in his life and he deeply regrets it. He still suffers nightmares and flashbacks. He now suffers from medical conditions presumptively caused by exposure to Agent Orange and the Department of Veteran Affairs (VA) will not help him with his current character of service. a. The applicant states he was sent to Vietnam for 1 year but he was not given his military occupational specialty. He then extended for 6 months, two times in all. He was sent home for only 30 days, and after being over there all that time, he thought he should have a little more time than 30 days, so he took it. Then after a while, he doesn’t know how long, he turned himself in to the Army. He states he is very sorry he did what he did by not going back overseas like he should have. b. He states that all that shooting and bombing got to him when he was overseas. He could not take it any more so he did what he did not to hear any more shooting or anything else. Now he still cannot watch any war movies on the TV because of where he was. The one problem that got him was being shot at and all the killing, also. He just could not take it anymore. c. He knows what he did was wrong. He just didn’t know what to do back then, so he did what he did at the time. Some guys did what he did before going into the Army but him, he went in, then did what he did when he came back home. Some guys had their dad’s to talk with, but he didn’t have a dad back then. Again, he is really sorry for what he did back then. He doesn’t think he is going to get anything anyway for all he did back then. He just wishes he would die and get it over with. d. He states due to the character of his discharge, the VA Health Care System will not provide treatment for his claimed condition of post-traumatic stress Disorder (PTSD). Also due to the character of his discharge, the VA will not consider his claims for PTSD or for his claim for Ischemic heart disease, which is a presumptive condition due to Agent Orange exposure in Vietnam. He has not received treatment for his PTSD as he cannot personally afford it. He does suffer from flashbacks and nightmares from the time he spent in Vietnam. He just has not been able to get any help. Assistance in upgrading his discharge would greatly help him receive the treatment and disability compensation he has attempted to obtain. 3. The applicant provides: * DD Forms 214 * four written statements * award citations for the Army Commendation Medal (ARCOM) and the Air Medal (AM) * VA Form 21-0781 (Statement in Support of Claim for Service Connection for PTSD) containing his statement on PTSD symptoms CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the Regular Army on 18 February 1969 for 3 years. 2. On 19 July 1969, he was assigned as an indirect fire crewman in the 1st Cavalry Division (Air Mobile) in Vietnam. 3. He was honorably discharged on 24 October 1969 for the purpose of immediate reenlistment on 25 October 1969 for 3 years. 4. On 9 February 1970, he was promoted to specialist four (SP4)/E-4. 5. He was assigned to various positions with the 1st Cavalry Division in Vietnam in which his conduct and efficiency were all excellent. 6. On 30 December 1970, he departed Vietnam for CONUS. 7. His records show general orders awarded him the Air Medal on 16 March 1970 for meritorious achievement while participating in aerial flight in the Republic of Vietnam and an ARCOM on 17 November 1970 for meritorious service in Vietnam from January 1970 to January 1971. 8. On 29 January 1971, he was AWOL from the U.S. Army Oversea Replacement Station, Fort Dix, NJ. 9. On 11 January 1973, he turned himself in at Fort Meade, Maryland. On 16 January 1973, he was charged with being AWOL from on or about 29 January 1971 to on or about 11 January 1973 (713 days). 10. On 17 January 1973, after being advised of his rights by counsel, he signed a request for discharge for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10. 11. On 5 February 1973, he was discharged under the provisions of Army Regulation 635-200, chapter 10, with an under other than honorable conditions character of service. 12. His DD Forms 214 show he was awarded or authorized: * Combat Infantryman Badge (CIB) * Vietnam Service Medal * Vietnam Campaign Medal with Device (1960) * National Defense Service Medal 13. On 17 January 1973, the applicant signed a request for discharge for the good of the service in lieu of trial by court-martial. The request reads in part: I … hereby request discharge for the good of the service in lieu of trial by court-martial under circumstances which could lead to a bad conduct or dishonorable discharge. I have not been subjected to coercion with respect to this request for discharge, and I have been advised of the implications that are attached to it. I understand that, if this request for discharge is accepted, I may be discharged under other than honorable conditions and furnished an Undesirable Discharge Certificate. I understand that, as a result of the issuance of such a discharge, I shall be deprived of many or all Army benefits, that I may be ineligible for many or all benefits administered by the Veterans Administration, and that I may be deprived of many or all Army benefits and benefits as a veteran under both Federal and State law. I also understand that I may expect to encounter substantial prejudice in civilian life by reason of an undesirable discharge. …Statements on my own behalf are not submitted herewith. 14. His military medical service treatment records which contains his separation medical evaluation show no record of PTSD symptoms. 15. A state highway patrol lieutenant who has known the applicant for approximately 20 years states, "He has been a neighbor and friend. To my knowledge, he has not engaged in any criminal behavior or been arrested for such. [The applicant] is well thought of in the small community he lives in and is always willing to help. [The applicant] is an active member of the American Legion and participates in several Legion functions.” 16. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. a. Chapter 10 of that regulation provides, in pertinent part, 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, a discharge under other than honorable conditions is normally considered appropriate. b. 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. c. Paragraph 3-7b provides that 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. 17. On 3 September 2014, the Secretary of Defense directed the Service Discharge Review Boards and Service Boards for Correction of Military/Naval Records (BCM/NRs) to carefully consider the revised PTSD criteria, detailed medical considerations and mitigating factors when taking action on applications from former service members administratively discharged under other than honorable conditions and who have been diagnosed with PTSD by a competent mental health professional representing a civilian healthcare provider in order to determine if it would be appropriate to upgrade the characterization of the applicant's service. 18. BCM/NRs are not courts, nor are they investigative agencies. Therefore, the determinations will be based upon a thorough review of the available military records and the evidence provided by each applicant on a case-by-case basis. When determining if PTSD was the causative factor for an applicant's misconduct and whether an upgrade is warranted, the following factors must be carefully considered: * Is it reasonable to determine that PTSD or PTSD-related conditions existed at the time of discharge? * Does the applicant's record contain documentation of the occurrence of a traumatic event during the period of service? * Does the applicant's military record contain documentation of a diagnosis of PTSD or PTSD-related symptoms? * Did the applicant provide documentation of a diagnosis of PTSD or PTSD-related symptoms rendered by a competent mental health professional representing a civilian healthcare provider? * Was the applicant's condition determined to have existed prior to military service? * Was the applicant's condition determined to be incurred during or aggravated by military service? * Do mitigating factors exist in the applicant's case? * Did the applicant have a history of misconduct prior to the occurrence of the traumatic event? * Was the applicant's misconduct premeditated? * How serious was the misconduct? 19. Although the Department of Defense acknowledges that some Soldiers who were administratively discharged under other than honorable conditions may have had an undiagnosed condition of PTSD at the time of their discharge, it is presumed that they were properly discharged based upon the evidence that was available at the time. Conditions documented in the record that can reasonably be determined to have existed at the time of discharge will be considered to have existed at the time of discharge. In cases in which PTSD or PTSD-related conditions may be reasonably determined to have existed at the time of discharge; those conditions will be considered potential mitigating factors in the misconduct that caused the under other than honorable conditions characterization of service. 20. Correction Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of under other than honorable conditions. Potentially mitigating evidence of the existence of undiagnosed combat-related PTSD or PTSD-related conditions as a causative factor in the misconduct resulting in discharge will be carefully weighed against the severity of the misconduct. PTSD is not a likely cause of premeditated misconduct. Correction Boards will also exercise caution in weighing evidence of mitigation in all cases of misconduct by carefully considering the likely causal relationship of symptoms to the misconduct. DISCUSSION AND CONCLUSIONS: 1. His records show that he served in combat from 19 July 1969 to 3 December 1970 in the 1st Cavalry Division with excellent conduct and efficiency ratings. He reenlisted for extended service and a change of military occupational specialty. He received an honorable discharge to reenlist. He was promoted to SP4. He received awards to include the Air Medal, ARCOM, and CIB. His service in combat is commendable. 2. However, between 29 January 1971 and 11 January 1973, he was AWOL for 713 days. He did turn himself in to Army authorities. He voluntarily requested discharge for the good of the service in lieu of trial by court-martial under Army Regulation 635-200, chapter 10, understanding that he would be discharged under other than honorable conditions. 3. While he contends that he now suffers from PTSD and may have suffered from symptoms that contributed to his AWOL, there are no military or civilian medical records or other evidence presented to support this contention. 4. The applicant's discharge proceedings under chapter 10 were conducted in accordance with law and regulations in effect at the time. The characterization of the applicant's discharge was commensurate with the reason for discharge and overall record of military service in accordance with the governing regulations in effect at the time. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x___ ____x____ ____x___ DENY APPLICATION 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 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. ABCMR Record of Proceedings (cont) @#!CASENUMBER 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150008043 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1