IN THE CASE OF: BOARD DATE: 19 March 2021 DOCKET NUMBER: AR20200009366 APPLICANT REQUESTS: on behalf of her spouse, a deceased former service member (SM), correction of his records to show: * his narrative reason for discharge as medical condition instead of "For the Good of the Service" * his rank as private first class/E-3 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552 * Veteran Service Officer Letter, 29 January 2021 * DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 28 July 1972 * Certificate of Death, FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The former SM's spouse states his original discharge was upgraded as a result of his post-traumatic stress disorder (PTSD). She feels the reason for his discharge is unfair to a veteran and his mental health issues should be acknowledged by the service that abandoned him. 3. On 3 December 1970, the former SM enlisted in the Regular Army. 4. The former SM served in Vietnam from 4 December 1971 to 30 June 1972. 5. On 25 August 1971, the former SM accepted nonjudicial punishment for one specification of failing to obey an Army regulation by failing to trim his mustache. His punishment included forfeiture of $25.00 pay per month for 1 month and extra duty for 7 days. He did not appeal his punishment. 6. On 16 June 1972, the former SM was reduced to the rank/grade of private/E-1 as a result of his approved discharge for the good of the service. 7. On 19 June 1972, the former SM underwent a separation physical and was found to meet retention standards. He had no psychiatric disease or defect which warranted his disposition through medical channels. 8. The former SM's separation packet is not available for review. 9. The former SM's DD Form 214 shows he was discharged for the good of the service on 28 July 1972 under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10. He completed 1 year, 7 months, and 20 days of active service with 6 days of lost time from 25-30 June 1972. His service was characterized as under other than honorable conditions. He was awarded or authorized the: * Vietnam Service Medal * Republic of Vietnam Campaign Medal with Device (1960) * Combat Infantryman Badge 10. The former SM passed away on 4 July 1973. 11. On 22 July 1974 after considering the former SM's military records and all other available evidence, the Army Discharge Review Board denied the request for a change in the type and nature of his discharge. The board determined he was properly discharged. The record of proceedings is unavailable for review. 12. On 19 February 2019, the ABCMR determined the evidence presented was sufficient to warrant a recommendation for relief. a. The Army Review Boards Agency staff psychiatrist opined that based on the information available for review at the time, there was insufficient evidence to support the applicant's contention that the misconduct leading to the former SM's discharge under other than honorable conditions was due to PTSD. With the exception of the former SM's drug addiction, there was no documentation of any other behavioral health symptoms or diagnosis in the available military documentation. While drug addiction is associated with PTSD, a diagnosis of drug addiction alone was insufficient to make a diagnosis of PTSD. Given the lack of adequate medical documentation, no decision regarding mitigation could be made at that time. b. The Board recommended correction of all Department of the Army records belonging to the former SM by reissuing his DD Form 214 showing his characterization of service as general under honorable conditions. 13. On 1 July 2019, the former SM was reissued a DD Form 214 showing the characterization of his service as general under honorable conditions and additional awards. 14. MEDICAL REVIEW: The Army Review Boards Agency (ARBA) Medical Advisor was asked to review this case. Documentation reviewed included the applicant’s ABCMR application and accompanying documentation, the previous ABCMR approval (19 February 2019; AR20160009988), the military electronic medical record (AHLTA), the VA electronic medical record (JLV), the electronic Physical Evaluation Board (ePEB), the Medical Electronic Data Care History and Readiness Tracking (MEDCHART) application, and the Interactive Personnel Electronic Records Management System (iPERMS). The ARBA Medical Advisor made the following findings and recommendations: a. The applicant’s widow has applied to the ABCMR requesting that the narrative reason for his discharge be upgraded from “for the good of the service” to medical related and a rank of E-3. She states: “His discharge type was upgraded because of PTSD. I feel that this is unfair to the veteran and his mental health issues should be acknowledged by the service that abandoned him.” b. The Record of Proceedings and the prior application and case detail the applicant’s military service and the circumstances of the case. His amended DD 214 (1 July 2019) shows the applicant entered the regular Army on 3 December 1970 and received an under honorable conditions discharge on 28 July 1972 under the provisions provided AR 635-200, Personnel Management – Enlisted Personnel (1 June 1967) c. The previous request for a discharge upgrade was granted on 19 February 2019 (AR20160009988). This request will review the prior case and focus on new medical information. d. The applicant underwent courts-martial for stealing a ½ ton vehicle, 26 May 1972; possession of 4 grams of heroin, 26 May 1972; off limits violation, 26 May 1972; possession of an unauthorized pass, 26 March 1972; and possession of an unauthorized vehicle report, 26 May 1972. e. His death certificate shows he died of “(1) Overwhelming Pulmonary Edema, (2) Toxic Shock, and (3) Methadone Intoxication” on 4 July 1974 at the age of 22. f. An ARBA psychiatrist completed a thorough review of the AR20160009988 application and supporting documentation on 18 December 2017. g. The psychiatrist concluded at that time: “In conclusion, based on the information available for review at this time, there is insufficient evidence to support Mrs. {Applicant}’s contention that the misconduct leading to Mr. {Applicant}’s Under Conditions Other Than Honorable discharge was due to PTSD. With the exception of Mr. {Applicant}’s drug addiction, there is no documentation of any other Behavioral Health symptoms or diagnosis in the available military documentation. While drug addiction is associated with PTSD, a diagnosis of drug addiction alone is insufficient to make a diagnosis of PTSD.” h. No civilian medical or psychiatric documentation was provided with that case, and none was included with this application. i. There is no evidence the applicant had a mental health or other medical condition which would have then contributed to or would now mitigate his multiple UCMJ violations; or that would have failed the medical retention standards of chapter 3, AR 40-501, Standards of Medical Fitness, and been a cause for referral to the DES prior to his discharge. j. It is the opinion of the ARBA medical advisor that neither a referral of this case to the DES, a restoration of his rank to E3, nor a change in the separation authority/narrative reason for discharge is warranted. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the FSM’s military record, a medical review, and regulatory guidance were carefully considered. Based upon a preponderance of the evidence, the Board concurred with the medical advisory official, and determined the reason for separation at the time of discharge was warranted, along with the decision made by the ADRB. The Board also agreed there is insufficient evidence warranting a change to the FSM’s rank as the reduction at the time of discharge was just. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 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 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. 2. Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), in effect at the time, set forth the basic authority for the separation of enlisted personnel. a. Paragraph 1-14 (Reduction in Grade) stated when a Soldier is to be discharged under other than honorable conditions, the separation authority will direct an immediate reduction to the lowest enlisted grade. b. Chapter 10 (Discharge in Lieu of Trial by Court Martial) stated an individual who committed an offense or offenses, the punishment for which included a bad conduct or dishonorable discharge, may submit a request for discharge for the good of the service in lieu of trial by court-martial. The request could be submitted at any time after charges were preferred and must have included the individual's admission of guilt. If the member elected to submit a request for discharge for the good of the service after receiving counseling, he would personally sign a written request certifying that he had been counseled, that he understood his rights, that he might receive a discharge under other than honorable conditions, and that he understood the adverse nature of such a discharge and the possible consequences. Although an honorable or general discharge was authorized, an Undesirable Discharge Certificate was normally furnished to an individual who was discharged for the good of the service. 3. On 25 July 2018, the Under Secretary of Defense for Personnel and Readiness issued guidance to Military Discharge Review Boards and Boards for Correction of Military/Naval Records (BCM/NRs) regarding equity, injustice, or clemency determinations. Clemency generally refers to relief specifically granted from a criminal sentence. BCM/NRs may grant clemency regardless of the type of court-martial. However, the guidance applies to more than clemency from a sentencing in a court- martial; it also applies to other corrections, including changes in a discharge, which may be warranted based on equity or relief from injustice. This guidance does not mandate relief, but rather provides standards and principles to guide Boards in application of their equitable relief authority. In determining whether to grant relief based on equity, injustice, or clemency grounds, BCM/NRs shall consider the prospect for rehabilitation, external evidence, sworn testimony, policy changes, relative severity of misconduct, mental and behavioral health conditions, official governmental acknowledgement that a relevant error or injustice was committed, and uniformity of punishment. Changes to the narrative reason for discharge and/or an upgraded character of service granted solely on equity, injustice, or clemency grounds normally should not result in separation pay, retroactive promotions, and payment of past medical expenses or similar benefits that might have been received if the original discharge had been for the revised reason or had the upgraded service characterization. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009366 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1