BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160005675 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF _____x___ __x______ __x___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 25 May 2017 DOCKET NUMBER: AR20160005675 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the 6 December 1974 DD Form 214 (Report of Separation from Active Duty) to show: * Character of Service: "General, Under Honorable Conditions" * Grade, Rate or Rank: "SP4 (T)" * Pay Grade: "E-4" * Date of Rank: "14 November 1969" * With the entry "PFC/E-3 (P) 1 June 1969" listed in Remarks 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to a fully honorable discharge. ___________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: 25 May 2017 DOCKET NUMBER: AR20160005675 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 upgrade of his undesirable discharge to honorable based on a diagnosis of post-traumatic stress disorder (PTSD). 2. He states he was diagnosed with PTSD based on his service in Vietnam. 3. He provides: * DA Form 20 (Enlisted Qualification Record) * DD Form 214 (Report of Separation from Active Duty) * VA (Department of Veterans Affairs) Form 21-0960P-3 (Review PTSD Disability Benefits Questionnaire), dated 26 January 2016 CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060014985, dated 24 April 2007. 2. In view of the Secretary of Defense's guidance to Military Boards for Correction of Military/Naval Records considering discharge upgrade requests by Veterans claiming PTSD, his request warrants reconsideration by the Board. 3. The applicant enlisted in the Regular Army on 7 January 1969. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11B (Light Weapons Infantryman). 4. His DA Form 20 shows he departed absent without leave (AWOL) on 13 June 1970 and returned to military control on or about 25 November 1974. It also shows in: * Item 31 (Foreign Service), Vietnam from 1 June 1969 to 26 April 1970 * Item 32 (Appointments and Reduction) * private first class (PFC) (P) (Permanent) 1 June 1969 * specialist four (SP4)/E-4 (T) (Temporary) 14 November 1969 5. On 6 December 1974, he voluntarily requested discharge for the good of the service pursuant to the provisions of Presidential Proclamation Number 4313. He indicated in a statement to the Board for Alternative Service that after he returned from Vietnam he was faced with some family problems and left the service. He signed a Reaffirmation of Allegiance, a Pledge of Public Service, and accepted an Undesirable Discharge. 6. On 6 December 1974 he was reduced from SP4 to PVT/E-1 based on his discharge characterization of service. 7. He was discharged on 6 December 1974 under Presidential Proclamation Number 4313 with a characterization of service of under other than honorable conditions (UOTHC) and issued an Undesirable Discharge Certificate. He completed 1 year, 5 months, and 8 days of creditable active service with 569 days shown as lost time before his expiration term of service (ETS) and 1,058 days listed as lost time after normal ETS. It also shows his rank as PV1/E-1 with an effective date of pay grade of 6 December 1974. His DD Form 214 shows among his awards and decorations: * Bronze Star Medal * Army Commendation Medal * Air Medal (2nd Award) * National Defense Service Medal * Vietnam Service Medal * Combat Infantryman Badge * Republic of Vietnam Gallantry Cross with Palm Unit Citation * Republic of Vietnam Campaign Medal with Device (1960) * Sharpshooter Marksmanship Qualification Badge 8. On 2 December 2016, the ABCMR obtained an advisory opinion from an Army Review Boards Agency (ARBA) clinical psychiatrist who states there is evidence the applicant met the criteria for PTSD during his military service. She states: a. The VA medical documentation submitted by the applicant consists of VA Form 21-0960P-3, dated 26 January 2016. A psychologist, who diagnoses the applicant with PTSD, chronic and alcohol dependence, administered this questionnaire. She ascertains his Global Assessment of Function (GAF) to be 52 and identifies the applicant’s stressor as seeing people get killed in Vietnam. According to the psychologist, the applicant suffers from the following PTSD symptoms: intrusive thoughts, nightmares, avoidant behaviors, decreased interest, isolation, poor sleep, anger issues, increased vigilance, and increased startle reflex. b. The applicant’s military records are void of any documentation of PTSD symptoms or behaviors. In a SF 93 (Report of Medical History), dated 6 December 1974, the applicant denies having any of the following behavioral health symptoms: trouble sleeping, depression, excessive worry, amnesia or memory problems or nervous trouble of any sort. c. There is no documentation in his military personnel records of any symptoms or behaviors typical of PTSD. There is no indication he failed to meet medical retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness). d. The applicant has been diagnosed with combat-related PTSD by the VA. However, a review of the applicant’s military records indicates no symptoms of PTSD per se. The lack of documentation of PTSD symptoms in his military records does not necessarily indicate he did not have PTSD while in the military. In the era of the applicant’s military service, PTSD was not a recognized diagnosis. Consequently, the diagnosis often has to be inferred from the available documentation and from behavioral indicators. A review of his file indicates that he did not receive any nonjudicial punishment during his time in service prior to going AWOL. While in Vietnam, he was awarded the Combat Infantry Badge, the Army Commendation Medal, the Bronze Star Medal and two awards of the Air Medal. For all intents and purposes, he was what one would consider "a good Soldier." Then, 6 weeks after returning to the continental United States, he abruptly went AWOL and remained AWOL until he was apprehended, some 1,058 days after his ETS. This type of behavior (good performance in combat followed by going AWOL once out of combat) is not uncommon in Soldiers suffering from PTSD. e. In conclusion, based on the available documentation, the psychiatrist opines there is sufficient evidence to support the applicant’s contention that he developed PTSD while on active duty. As PTSD is often associated with avoidant behaviors, it would be considered mitigating for the misconduct, which led to the applicant’s discharge from the Army. 9. On 7 December 2016 the advisory opinion was forwarded to the applicant for his acknowledgement and/or response. No response was received. REFERENCES: 1. Presidential Proclamation 4313 (PP 4313), dated 16 September 1974, was issued by President Ford and affected three groups of individuals. One group was members of the Armed Forces who were in an unauthorized absence status. These individuals were afforded an opportunity to return to military control and elect either a discharge under other than honorable conditions under PP 4313 or to stand trial for their offenses and take whatever punishment resulted. For those who elected discharge, a Joint Alternate Service Board composed of military personnel would establish a period of alternate service of not more than 24 months that the individuals would perform. If they completed the alternate service satisfactorily, they would be entitled to receive a Clemency Discharge. 2. Public Law 95-126, dated 8 October 1977, statutorily barred VA benefits to veterans who had a record of AWOL greater than 180 days as well as for conscientious objectors. 3. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), sets forth the basic authority for the separation of enlisted personnel. a. 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. 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. 4. PTSD can occur after someone goes through a traumatic event like combat, assault, or disaster. The Diagnostic and Statistical Manual of Mental Disorders (DSM) is published by the American Psychiatric Association (APA) and it provides standard criteria and common language for the classification of mental disorders. In 1980, the APA added PTSD to the third edition of its DSM-III nosologic classification scheme. Although controversial when first introduced, the PTSD diagnosis has filled an important gap in psychiatric theory and practice. From an historical perspective, the significant change ushered in by the PTSD concept was the stipulation that the etiological agent was outside the individual (i.e., a traumatic event) rather than an inherent individual weakness (i.e., a traumatic neurosis). The key to understanding the scientific basis and clinical expression of PTSD is the concept of "trauma." 5. PTSD is unique among psychiatric diagnoses because of the great importance placed upon the etiological agent, the traumatic stressor. In fact, one cannot make a PTSD diagnosis unless the patient has actually met the "stressor criterion," which means that he or she has been exposed to an event that is considered traumatic. Clinical experience with the PTSD diagnosis has shown, however, that there are individual differences regarding the capacity to cope with catastrophic stress. Therefore, while most people exposed to traumatic events do not develop PTSD, others go on to develop the full-blown syndrome. Such observations have prompted the recognition that trauma, like pain, is not an external phenomenon that can be completely objectified. Like pain, the traumatic experience is filtered through cognitive and emotional processes before it can be appraised as an extreme threat. Because of individual differences in this appraisal process, different people appear to have different trauma thresholds, some more protected from and some more vulnerable to developing clinical symptoms after exposure to extremely stressful situations. 6. The DSM fifth revision (DSM-5) was released in May 2013. This revision includes changes to the diagnostic criteria for PTSD and acute stress disorder. The PTSD diagnostic criteria were revised to take into account things that have been learned from scientific research and clinical experience. The revised diagnostic criteria for PTSD include a history of exposure to a traumatic event that meets specific stipulations and symptoms from each of four symptom clusters: intrusion, avoidance, negative alterations in cognitions and mood, and alterations in arousal and reactivity. The sixth criterion concerns duration of symptoms; the seventh assesses functioning; and the eighth criterion clarifies symptoms as not attributable to a substance or co-occurring medical condition. 7. As a result of the extensive research conducted by the medical community and the relatively recent issuance of revised criteria regarding the causes, diagnosis and treatment of PTSD the Department of Defense (DoD) acknowledges that some Soldiers who were administratively discharged UOTHC may have had an undiagnosed condition of PTSD at the time of their discharge. It is also acknowledged that in some cases this undiagnosed condition of PTSD may have been a mitigating factor in the Soldier's misconduct which served as a catalyst for their discharge. Research has also shown that misconduct stemming from PTSD is typically based upon a spur of the moment decision resulting from temporary lapse in judgment; therefore, PTSD is not a likely cause for either premeditated misconduct or misconduct that continues for an extended period of time. 8. In view of the foregoing, on 3 September 2014 the Secretary of Defense directed the Service Discharge Review Boards (DRBs) 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 UOTHC 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. 9. 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? 10. Although the DoD acknowledges that some Soldiers who were administratively discharged UOTHC 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 UOTHC characterization of service. Corrections Boards will exercise caution in weighing evidence of mitigation in cases in which serious misconduct precipitated a discharge with a characterization of service of UOTHC. 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. Corrections 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: 1. The evidence of record shows the applicant indicated he was in good health at the time he separated and that he went AWOL after departing Vietnam because he had family problems. It also shows he accepted an Undesirable Discharge Certificate. 2. At the time of the applicant's discharge, PTSD was unrecognized by the medical community and DoD. However, both the medical community and DoD now have a more thorough understanding of PTSD and its potential to serve as a causative factor in a Soldier's misconduct when the condition is not diagnosed and treated in a timely fashion. 3. The VA diagnosed the applicant with PTSD. A clinical psychiatrist from ARBA states that based on the applicant's record and his achievements, he was a good Soldier until he returned from Vietnam. She states that his behavior (good performance in combat followed by going AWOL once out of combat) is not uncommon in Soldiers suffering from PTSD. Therefore, it is likely the applicant's PTSD mitigated the misconduct that led to his discharge. 4. His disciplinary history shows he completed 1 year, 5 months, and 8 days of creditable active service with 569 days listed as lost time before ETS and 1,058 days listed as lost time after normal ETS. A psychiatric professional concluded his PTSD was a causative factor of his disciplinary infractions that ultimately led to the discharge. 5. Soldiers who suffered from PTSD and were separated solely for misconduct subsequent to a traumatic event warrant careful consideration for the possible recharacterization of their overall service. 6. A recommendation to grant relief by upgrading the character of his service would also entail restoration of his rank/grade as his reduction was required by the characterization of service he received. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160005675 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160005675 8 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2