ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 28 October 2021 DOCKET NUMBER: AR20190012688 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 February 1983, to show he received an upgrade of his character of service due to post-traumatic stress disorder (PTSD). APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * History of Service * DD Form 4 (Enlistment Contract – Armed Forces of the United States), dated 27 April 1970 * Special Orders (SO) Number 211, dated 11 September 1971 * SO Number 114, dated 14 June 1971 * SO Number 130, dated 7 July 1971 * SO Number 140, dated 17 July 1970 * General Orders (GO) Number 167, dated 1 June 1972 * Bronze Star Medal Certificate, dated 12 June 1972 * Bronze Star Medal Citation * Certificate of Appreciation, dated 30 July 1972 * Honorable Discharge Certificate, dated 30 July 1972 * Army Commendation Medal Certificate, dated 28 November 1972 * Army Commendation Citation * GO Number 368, dated 5 December 1972 * GO Number 34, dated 4 February 1973 * Bronze Star Medal Certificate, dated 13 February 1973 * Bronze Star Medal Citation * Bronze Star Medal, dated 19 February 1973 * Bronze Star Medal Citation * GO Number 249, dated 23 February 1973 * GO Number 67, dated 11 March 1974 * Letter of Appreciation, dated 27 January 1975 * Certificate of Completion for Security Specialist Course * Letter of Appreciation, dated 4 April 1977 * Letter of Introduction to new command, dated 28 April 1977 * Honorable Discharge Certificate, dated 10 December 1978 * DD Form 214 (Report of Separation from Active Duty) for the period ending on 10 December 1978 * Letter of Appreciation, dated 9 March 1979 * Permanent Order Number 110-2, dated 24 July 1979 * Acceptance Letter, dated 10 April 1980 * Discharge Certificate for Under Other Than Honorable Conditions (UOTHC), dated 24 February 1983 * DD Form 214 for the period ending on 24 February 1983 * Public Heath Cards, American Heart Association Cards, and Emergency Medical Technician Card * DA Form 20 (Enlisted Personnel Qualifications), page1, 2, and 4 only) * Photo * Imjin Scout Certificate * Evaluations * Certificate for Emergency Medical Technician, dated 21 January 1992 * Request for authorization of Foreign Award (Republic of Vietnam (RVN) Gallantry Cross with palm unit citation with silver star) * GO Number 193 for RVN Gallantry Cross with palm unit citation with silver star * Certificate of Achievement (unable to read) * Personal Statement FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), 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 applicant states, in effect: a. He was absent without leave (AWOL) from 1980 to 1983. He left the military due to his heavy drinking. He was caught by law enforcement and returned to military control and given an UOTHC discharge. b. He had terrible memories of Vietnam and Korea, which still haunts him to this day, even without drinking. After his discharge he received employment and met his wife. He has continued in his employment with different companies, but all successful. c. While in the military for a period of 10 years, he was a combat Veteran, combat engineer and senior wheeled and track mechanic. 3. There is sufficient evidence in the applicant's record to support correction of his DD Form 214 for the period ending on 24 February 1983, by adding the Army Commendation Medal. The Board will consider the applicant's request for an upgrade to his characterization of service. 4. The applicant provides the following documents: a. DD Form 4 shows he enlisted in the U. S. Army Reserve (USAR) in the Delayed Entry Program (DEP) on 27 April 1970. b. SO Number 211, dated 11 September 1971, shows he was assigned to Battery B, 4th Battalion, 60th Artillery. c. SO Number 140, dated 17 July 1970 shows he was relieved from the USAR DEP for immediate enlistment in the Regular Army. d. Certificate of Appreciation for faithful performance of duty on 30 July 1972. e. Honorable Discharge Certificate shows he was honorably discharged on 30 July 1972. f. Letter of Appreciation, dated 27 January 1975, for his performance of his duties. g. Certificate of Completion the Security Specialist Course for the period of 9 February 1976 – 13 February 1976. h. Letter of Appreciation, dated 4 April 1977 for his outstanding support as the \ noncommissioned officer in charge of Blue Cell, 1st Armored Division. i. Honorable Discharge Certificate shows he was honorably discharged on 10 December 1978. j. DD Form 214 shows he was honorably discharged on 10 December 1978. This document shows he completed 6 years, 4 months, and 10 days of net active service this period, with 2 years and 14 days of prior active service and 2 years, 2 months, and 26 days of foreign and/or sea service. k. Letter of Appreciation, dated 9 March 1979, for a job well done. l. Discharge Certificate, which shows he received an UOTHC discharge on 24 February 1983. m. DD Form 214 for the period ending on 24 February 1983, shows the following information: * Item 12a (Date Entered AD This Period): “78 12 11” * Item 12b (Separation Date This Period): “83 02 24” * Item 12c (Net Active Service This Period): “01 07 15” * Item 12d (Total Prior Inactive Service): “08 04 23” * Item 12e (Total Prior Inactive Service): “00 02 20” * Item 12f (Foreign Service): “00 11 23” * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): o Expert Marksmanship Qualification Badge with Rifle Bar (M-16) o Army Good Conduct Medal (4th Award) o National Defense Service Medal o Vietnam Service Medal with two bronze service stars o Bronze Star Medal (3rd Award) o RVN Gallantry Cross with Palm Unit Citation with silver star o Vietnam Campaign Medal o Overseas Service Ribbon with Numeral 1 o Two Overseas Service Bars o Army Service Ribbon * Item 23 (Type of Separation): Discharge * Item 24 (Character of Service): UOTHC * Item 28 (Narrative Reason for Separation): For the Good of the Service – In Lieu of Court-Martial * Item 29 (Dates of Time Lost During This Period): “800524 to 801204, 810107 to 830124” n. Public Health Certificates. o. Partial DA Form 20, which shows: * Item 5 (Overseas Service): “710830 thru 730301 U.S. Army Pacific – Republic of Vietnam) – 18 months” and “790424 thru 800416 – FEPA- Korea” * Item 35 (Record of Assignments): “720215 to 730730 – Base Developer NCO – USA Installation Pleiku – USARPAC-RVN” p. A photo, dated 21 August 1976. q. Imjin Scout Certificate. The name and the date are not listed. r. Evaluations during his military service. s. Emergency Medical Technician – Basic, issued by the National Registry of Emergency Medical Technicians, dated 21 January 1992. t. Certificate of Achievement; however, the name and date are illegible. u. A personal statement, which states: (1) “That while serving in South Korea in Company B 2nd Engineers, Camp Edwards East, during the period of May 1979 to April 1980. I witnessed several acts against Enlisted members by the Company First Sergeant (1SG). He would, on occasion strike other NCO' s with a pick axe handle to further his point that he was ‘sheriff of the compound’. SGT, Staff Sergeant (SSG) and SGT were ones that I had the misfortune to be present to these assaults. (2) In Bravo Company, the 1SG, led by fear and intimidation. This sets the stage for what was to happen. Monday through Friday of every week the 3rd Platoon went north to either Camp Olliette 553 or Camp Collier 554, which over look Panmunjom and the demilitarized zone (DMZ). (3) The Platoon was actively repairing the detainment walls and fighting positions around each guard post. On my first time to go to the guard post our platoon sgt and platoon officer went as well. I learned that their confidence level in the other NCO's in the platoon was low. So for the first week of going north to work at the guard posts they would go with us. (4) At the beginning of the second week the platoon leader, second lieutenant and Platoon SGT. Sergeant First Class (SFC) pulled me to the side and informed me that I would be in charge of the Work Detail at the guard posts because with me up there the week before they had nothing to do, as I took charge. So this gave them the confidence to turn the platoon over to me while at the DMZ. (5) In August or September of 1979 we were given a new platoon SGT as SFC was going stateside. So SFC. took over as platoon SGT. He came up to the guard posts once and observed that the work was moving along smoothly and did not see any reason for him to be there when he could remain at the company area. (6) On occasion 2nd platoon would send a few soldiers to work with our platoon. It was on one occasion that our platoon was to do brush clearing outside the guard post in order to clear the fields of fire and other obstructions that would limit the personnel at the guard posts to effectively see any movement outside their perimeter. (7) It was early Spring, I believe February or March of 1980, when we arrived at guard post 554. I started to post armed guards outside our work area as an early warning to us if something should happen as we were in the DMZ not at the guard post. I had posted each guard approximately 300 meters from our work area in all four directions. (8) After the first hour I took four soldiers out to relieve the posted guards and all went well. On the 2nd hour I again took four Soldiers out to relieve the guards but the third guard could not be found. I immediately put the entire platoon into a defensive position and had two Soldiers and a Katusa accompany me to the east of our hasty perimeter and approximately 1500 meters from there. We located Private (PVT) sitting in a clearing stripped down to his underwear, his clothes folded neatly by his feat, his M- 16 jocked and loaded laying across his legs and he appeared to be praying. (9) I approached him and removed the M-16 from his control, removed the magazine, and cleared the weapon of the round that was in the chamber. I then proceeded to have PVT get back in uniform and then I had the soldiers and Katusa escort him back to our perimeter. I then had PVT accompany me back to the company compound and turned his weapon and ammunition to the 1SG. I then wrote a statement of what PVT had attempted and stated that, in my opinion PVT was in need of medical care. (10) After completing my statement, I gave it to the Commander and I returned to the DMZ in order to continue supervising the platoon which, which was being led by other NCO's. Approximately one week later, while in the enlisted member club, a shot was heard and I, and several Soldiers, went outside to see what happened. I and SGT looked towards the guard tower in the motor pool and noticed a person slumped over. (11) We immediately went to the tower and climbed up to find PVT with a self- inflicted head wound. He was slumped over in a chair with his loaded M-16 on the floor of the guard tower. PVT was still breathing so we attempted to stop or slow his bleeding with PVT trauma dressing. We also had people on the ground get us a rope which we fashioned to lower PVT to the ground. By the time the medics arrived we had gotten PVT to the ground and were administering more first aid. (12) The medics took over and transported PVT to the hospital across the street at the Camp Edwards Medical Compound. Later that evening we were informed that PVT had died from his head wound. From that moment on, I felt that PVT had been betrayed, as well as myself, by the Chain of Command and the lack of leadership in our unit and the U.S. Army. PVT should not have been in that guard tower with a loaded weapon. He should have been given the medical treatment that he needed. Due to this lack of leadership and concern from the leadership and the Chain of Command who ruled by fear without being chastised I felt that besides PVT was also betrayed and was no longer able to justify my role as a Soldier. (13) My drinking became heavy in order to blot out PVT but also my service in Vietnam. So, upon returning to the states, I bolted from the service.” 5. The applicant does not provide any medical documentation to show his diagnosis of PTSD. 6. The applicant's service record is not available for the Board’s review. 7. MEDICAL REVIEW: a. The applicant is applying to the ABCMR requesting discharge upgrade contending that the misconduct leading to his Under Other Than Honorable Conditions discharge was due to bad memories from Vietnam and Korea, and heavy drinking (alcohol), he developed during his time in service. b. The Agency psychologist was asked by the ABCMR to review this request. Documentation reviewed includes the applicant’s completed DD149 and supporting documentation and his military separation packet. The VA electronic medical record, Joint Legacy Viewer (JLV) was also reviewed. The military electronic medical record (AHLTA) was not reviewed as it was not in use during his time in service. No hard copy military medical records or civilian medical documentation was provided for review. c. Review of the applicant’s military documentation indicates that he enlisted in the Army Reserve (Delayed Entry Program) on 27 Apr 1970 and subsequently transitioned to the Regular Army on 30 Jun 1970. He received an Honorable discharge on 30 Jul 1972 followed by reenlistment in the Regular Army on 31 Jul 1972. He received an Honorable discharge again on 10 Dec 1978, reenlisting in the Regular Army on 11 Dec 1978. He was deployed to Vietnam from 30 Aug 1971 - 01 Mar 1973. He was also assigned overseas to Germany from 05 Feb 1975 - 30 Apr 1977. His final overseas assignment was to Korea from 24 Apr 1979 - 16 Apr 1980 where he served as a squad leader, holding the rank of Staff Sergeant (SSG). During his service, his awards included the Bronze Star Medal (3rd Award), Gallantry Cross w/Silver Star and Vietnam Service Medal w/2 Service Stars. His job assignments were as a Combat Engineer and Track Vehicle Mechanic. His available military records indicated he was absent without leave (AWOL) from 24 May 1980 - 05 Dec 1980, as well as from 07 Jun 1981 - 24 Jan 1983. He received an Under Other Than Honorable Conditions discharge on 24 Feb 1983 with DD-214 Narrative Reason, For the Good of the Service – In Lieu of Court- Martial. d. The VA electronic medical record, Joint Legacy Viewer (JLV) indicated a 70% service connected disability with PTSD 50%, Impaired Hearing 30% and Tinnitus 10%. A Mental Health Consult, dated 20 May 2021 indicated, “worked with Liz from 2012 to COVID before she retired, focusing on PTSD (notably anger, anxiety, crowds, sleep, intrusions, avoidance and sustained irritability)…Today veteran reports continual struggle with above PTSD symptoms, noting since Vietnam he has never been entirely free from these symptoms. Reports struggling at least 10 months out of the year with increased symptoms…Attended long-term group for PTSD veterans as well as facilitated by Vet Center.” The Problem List included Posttraumatic Stress Disorder, Chronic (30 Apr 2021) and Sleep Apnea, Unspecified (30 Apr 2021). e. Based on the available information and in accordance with the Liberal Consideration guidance, it is the opinion of the Agency psychologist that the applicant has a mitigating Behavioral Health condition, Posttraumatic Stress Disorder. As there is an association between PTSD and avoidant behavior, there is a nexus between applicant’s diagnosis and his extended periods of AWOL from his unit. Also, as there is an association between PTSD and use of alcohol to self-medicate symptoms, there is a nexus between his PTSD and the pattern of alcohol abusing behavior applicant readily acknowledged. Chronological review of his military career indicates a dramatic change in the applicant’s motivation, temperament and level of instability occurred during his time in service. Such a radical change in behavior is consistent with the behavioral changes seen in soldiers who develop PTSD in a both a combat and non-combat military environment. A discharge upgrade is recommended. BOARD DISCUSSION: After reviewing the application and all supporting documents, to include the DoD guidance on liberal consideration when reviewing discharge upgrade requests, the Board determined relief was warranted. The Board considered the applicant's request, his record of service to include service in Vietnam, the nature of his misconduct and the reason for his separation. The Board considered the review and conclusions of the medical advising official and found sufficient mitigation for the misconduct. Based upon a preponderance of evidence, to the military record of the applicant, the misconduct involved in his separation and the findings and recommendation of the medical advisor, the Board concluded there was sufficient evidence to grant relief by upgrading the applicant’s characterization of service to General, Under Honorable Conditions as a matter of liberal consideration. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by reissuing the applicant a DD Form 214 showing his characterization of service as Under Honorable Conditions (General). 2. The Board also noted the administrative note below from the analyst of record and recommended that change also be completed to more accurately reflect the military service of the applicant. 12/11/2021 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. ADMINISTRATIVE NOTES: Reference the enclosed request for correction of military records from the subject individual to correct his DD Form 214 for the period ending February 24, 1983, item13 to add the following award: * Army Commendation Medal REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 of the version in effect at the time provided that a member who committed an offense or offenses for which the authorized punishment included a punitive discharge, could submit a request for discharge for the good of the service at any time after court-martial charges were preferred. Commanders would ensure that an individual was not coerced into submitting a request for discharge for the good of the service. Consulting counsel would advise the member concerning the elements of the offense or offenses charged, type of discharge normally given under the provisions of this chapter, the loss of VA benefits, and the possibility of prejudice in civilian life because of the characterization of such a discharge. An UD Certificate would normally be furnished to an individual who was discharged for the good of the service. a. 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. b. 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. A characterization of under honorable conditions may be issued only when the reason for the Soldier’s separation specifically allows such characterization. 3. PTSD can occur after someone goes through a traumatic event like combat, assault, or disaster. The Diagnostic and Statistical Manual (DSM) of Mental Disorders is published by the American Psychological 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." 4. 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. 5. 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. 6. 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 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. 7. 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. 8. 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? 9. Although the DOD acknowledges that some Soldiers who were administratively discharged UOTHC or with a general discharge 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. a. 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 discharge or general characterization of service. b. 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. c. 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. 10. On 25 August 2017, the Office of the Undersecretary of Defense for Personnel and Readiness issued clarifying guidance for the Secretary of Defense Directive to DRBs and BCM/NRs when considering requests by Veterans for modification of their discharges due in whole or in part to: mental health conditions, including PTSD; traumatic brain injury; sexual assault; or sexual harassment. Boards are to give liberal consideration to Veterans petitioning for discharge relief when the application for relief is based in whole or in part to those conditions or experiences. The guidance further describes evidence sources and criteria and requires Boards to consider the conditions or experiences presented in evidence as potential mitigation for misconduct that led to the discharge. //NOTHING FOLLOWS//