Posted on Jul 14, 2016
Vietnam-era soldiers eligible for discharge upgrades
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Vietnam-era soldiers who faced punitive discharges because they suffered from post-traumatic stress are to be given liberal consideration to requests for discharge upgrades.
Secretary of the Army John McHugh issued this directive to the Army Review Boards Agency, the service's highest level of administrative review for personnel actions.
McHugh's Nov. 3 directive was prompted by an earlier order from Defense Secretary Chuck Hagel which acknowledged that thousands of soldiers may have been kicked out of service because of behavior problems related to post-traumatic stress.
Upgraded discharges for soldiers who received a less than honorable discharge could lead to the award of previously denied benefits, such as disability pay, separation pay and GI Bill eligibility.
The ARBA is comprised of several boards for considering the claims of soldiers and former soldiers who appeal the filing of unfavorable information in their personnel records.
PTSD was not recognized as a potential behavior altering medical condition until 1980, which means that disability claims and discharge upgrades based on claims of the condition routinely were denied by government agencies, to include the Army review boards.
Hagel's September instruction to the services followed by several months a federal court class action suit filed by a group veterans and the Vietnam Veterans of America that claims the military systematically denied discharge upgrade applications based on claims of PTSD.
The suit estimated that about one-third of the 250,000 other-than-honorable discharges issued to Vietnam era veterans may have been PTSD-related.
Components of the ARBA include:
Army Board for Correction of Military Records, a panel that can recommend, to the secretary of the Army, the removal of erroneous or unjust information in their military records after all lower level administrative remedies have been exhausted. It also reviews the discharges of former soldiers that were granted more than 15 years ago, and those that were given as a sentence of a general court-martial.
Soldiers, veterans and their legal representatives can submit an appeal online or by mail, on a DD Form 149 (Application for Correction of Military Records).
Army Discharge Review Board, reviews the discharges of former soldiers who left service within the past 15 years, except soldiers who were discharged as a result of a general court-martial. The board determines if a discharge was proper and equitable.
Soldiers, veterans and their legal representatives can request a review online or by mail using DD Form 293 (Application for Review of a Discharge or Dismissal from the Armed Forces of the U.S.).
Army Grade Determination Review Board, makes decisions on advancing retired enlisted soldiers and warrant officers to the highest grade held satisfactorily after a total of 30 years' time on active duty and on the retired list. Application must be made by letter to the board.
Hagel, a former Army sergeant who holds a Purple Heart with oak leaf cluster for service during the Vietnam War, directed that the military review boards "fully and carefully consider every petition based on PTSD brought by each veteran" and that such reviews will include "all materials and evidence provided by the petitioner."
Because Vietnam-era medical and personnel files will not refer to PTSD as a debilitating medical condition, McHugh has directed that the Office of the Army Surgeon General provide expert guidance to the review boards on the clinical manifestations of PTSD, and the behavior indicators that will help the boards assess the presence of PTSD and its mitigating effects.
Hagel also directed that when service records or any document from a veteran's period of service "substantiate the existence of one or more symptoms of what is now recognized as PTSD or a PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service," and may have led to the misconduct that caused the other-than-honorable discharge.
The new guidance primarily focuses on administrative discharges for minor misconduct, not serious court-martial offenses that resulted in punitive bad conduct or dishonorable discharges.
Mail applications for the various boards of the Army Review Board Agency should be sent to 251 18th Street South, Suite 385, Arlington, VA 22202-3531.
For online applications, access http://arba.army.pentagon.mil/.
Secretary of the Army John McHugh issued this directive to the Army Review Boards Agency, the service's highest level of administrative review for personnel actions.
McHugh's Nov. 3 directive was prompted by an earlier order from Defense Secretary Chuck Hagel which acknowledged that thousands of soldiers may have been kicked out of service because of behavior problems related to post-traumatic stress.
Upgraded discharges for soldiers who received a less than honorable discharge could lead to the award of previously denied benefits, such as disability pay, separation pay and GI Bill eligibility.
The ARBA is comprised of several boards for considering the claims of soldiers and former soldiers who appeal the filing of unfavorable information in their personnel records.
PTSD was not recognized as a potential behavior altering medical condition until 1980, which means that disability claims and discharge upgrades based on claims of the condition routinely were denied by government agencies, to include the Army review boards.
Hagel's September instruction to the services followed by several months a federal court class action suit filed by a group veterans and the Vietnam Veterans of America that claims the military systematically denied discharge upgrade applications based on claims of PTSD.
The suit estimated that about one-third of the 250,000 other-than-honorable discharges issued to Vietnam era veterans may have been PTSD-related.
Components of the ARBA include:
Army Board for Correction of Military Records, a panel that can recommend, to the secretary of the Army, the removal of erroneous or unjust information in their military records after all lower level administrative remedies have been exhausted. It also reviews the discharges of former soldiers that were granted more than 15 years ago, and those that were given as a sentence of a general court-martial.
Soldiers, veterans and their legal representatives can submit an appeal online or by mail, on a DD Form 149 (Application for Correction of Military Records).
Army Discharge Review Board, reviews the discharges of former soldiers who left service within the past 15 years, except soldiers who were discharged as a result of a general court-martial. The board determines if a discharge was proper and equitable.
Soldiers, veterans and their legal representatives can request a review online or by mail using DD Form 293 (Application for Review of a Discharge or Dismissal from the Armed Forces of the U.S.).
Army Grade Determination Review Board, makes decisions on advancing retired enlisted soldiers and warrant officers to the highest grade held satisfactorily after a total of 30 years' time on active duty and on the retired list. Application must be made by letter to the board.
Hagel, a former Army sergeant who holds a Purple Heart with oak leaf cluster for service during the Vietnam War, directed that the military review boards "fully and carefully consider every petition based on PTSD brought by each veteran" and that such reviews will include "all materials and evidence provided by the petitioner."
Because Vietnam-era medical and personnel files will not refer to PTSD as a debilitating medical condition, McHugh has directed that the Office of the Army Surgeon General provide expert guidance to the review boards on the clinical manifestations of PTSD, and the behavior indicators that will help the boards assess the presence of PTSD and its mitigating effects.
Hagel also directed that when service records or any document from a veteran's period of service "substantiate the existence of one or more symptoms of what is now recognized as PTSD or a PTSD-related condition during the time of service, liberal consideration will be given to finding that PTSD existed at the time of service," and may have led to the misconduct that caused the other-than-honorable discharge.
The new guidance primarily focuses on administrative discharges for minor misconduct, not serious court-martial offenses that resulted in punitive bad conduct or dishonorable discharges.
Mail applications for the various boards of the Army Review Board Agency should be sent to 251 18th Street South, Suite 385, Arlington, VA 22202-3531.
For online applications, access http://arba.army.pentagon.mil/.
Vietnam-era soldiers eligible for discharge upgrades
Posted from armytimes.com
Vietnam War
Soldiers
Discharge
Posted 8 y ago
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I hope this works out for the vets. My one question is why are they called Vietnam Era Veterans if they were in Vietnam? If they were in Vietnam, they are Vietnam Vets, not Vietnam Era Vets. A Vietnam Era vet is someone who served in the military while the Vietnam war was going on, but didn't serve in Vietnam. Nothing wrong with that, but they aren't Vietnam Vets. I'm very picky about that. I received an award last month at a Marine Corps meeting I was invited to. When the Commandant called me up he said the award was for Vietnam era vets. I sat back down and told him I'm not a Vietnam era vet. I was there and am a Vietnam vet. Others laughed but I was serious as a heart attack. I didn't get much recognition after I got home, and I'll be damned if I'm going to be called an era vet. It's simply a personal thing to me.
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Sgt David G Duchesneau
SGT (Join to see) - You did the right thing by not saying anything Brother Keith. I have seen those Caps at the VA. I would never wear one myself. I have a nice Marine Corps Cover that says "Vietnam Veteran" and that's what I wear if I wear one at all. Like I said Keith, FEA! .
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SGT (Join to see)
Sgt David G Duchesneau, It wouldn't have done anything but ruin a good friendship. So, unlike me, I let it go. I'm glad I did. I had a POW/MIA cap on at the VA and a woman came over and kissed me on the cheek, and said "Oh, you poor thing" before I could tell her I wasn't a POW/MIA, she was gone. As much as I like that cap, I haven't worn it since.
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It has been over 40 years since the last troops were pulled out of Vietnam with those horrific images of people desperate to get into the US embassy and be evacuated.
I wonder how many hundred have died since that point without getting the treatment they needed for what would now be recognized as PTSD SFC Joe S. Davis Jr., MSM, DSL.
I hope that this is not too little too late.
SGT (Join to see) Kim Bolen RN CCM ACM 1LT Sandy Annala
I wonder how many hundred have died since that point without getting the treatment they needed for what would now be recognized as PTSD SFC Joe S. Davis Jr., MSM, DSL.
I hope that this is not too little too late.
SGT (Join to see) Kim Bolen RN CCM ACM 1LT Sandy Annala
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SFC Joe S. Davis Jr., MSM, DSL
LTC Stephen F. I agree whole heartily, I am glad they finally realized their mistake and correct it. I hope they exonerate all whom deserve/pay the price with PTSD. "Better late than never"
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SGT (Join to see)
LTC Stephen F., Sice PTSD was diagnosed as a form of mental illness in 1980, I don't think there were that many Vietnam veterans who couldn't get help. It wasn't that long after the war that PTSD was finally accepted by the VA. While researching this I found and interesting article I didn't know and had not heard of.
Among American troops in Vietnam a greater portion of women experienced high levels of war-zone stress compared to theater men—39.9 percent versus 23.5 percent. The key to this fact is that the vast majority (6,250 or 83.3%) of the women who served in the war zone were nurses who dealt almost daily with death. Black veterans had nearly 2.5 fold the risk of developing war zone-related PTSD as compared to white/other veterans. Hispanics had more than three times the risk. But the most revealing fact, theater veterans injured or wounded in combat had nearly four times the risk of developing PTSD compared to those not injured/wounded according to two key studies—the August 2014 National Vietnam Veterans Longitudinal Study (NVVLS). Paired with the late 1980s National Vietnam Veterans Readjustment Study (NVVRS).[37]
So, that's why I always praise nurses and call them a combat soldiers Angel.
Among American troops in Vietnam a greater portion of women experienced high levels of war-zone stress compared to theater men—39.9 percent versus 23.5 percent. The key to this fact is that the vast majority (6,250 or 83.3%) of the women who served in the war zone were nurses who dealt almost daily with death. Black veterans had nearly 2.5 fold the risk of developing war zone-related PTSD as compared to white/other veterans. Hispanics had more than three times the risk. But the most revealing fact, theater veterans injured or wounded in combat had nearly four times the risk of developing PTSD compared to those not injured/wounded according to two key studies—the August 2014 National Vietnam Veterans Longitudinal Study (NVVLS). Paired with the late 1980s National Vietnam Veterans Readjustment Study (NVVRS).[37]
So, that's why I always praise nurses and call them a combat soldiers Angel.
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Does this also mean that they have to presume my denied 1970s claim for nervous disorder, but much later upheld claim for PTSD will now be valid and I will get 35+ years of back pay and benefits? Yeah......I can see that happening! But how can you presume the one without the other?
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