SECDEF directs additional consideration of PTSD by Boards for Correction of Military/Naval Records

[Jason Perry]

The Secretary of Defense, Chuck Hagel, today ordered the Boards for Correction of Military Records and the Board for Correction of Naval Records to give liberal consideration to cases for discharge upgrades where the member has PTSD, among other directives.

The changes include liberalized time to file applications, consideration of PTSD as a mitigating factor in misconduct, and lowered burden to show existence of PTSD.

I applaud the Secretaries action today. It helps to correct what has been, in my view, an injustice to those who have been injured in combat with PTSD, but instead of getting treatment and their due benefits, have instead been given a misconduct related discharge. This memorandum is a step toward correcting the injustice.

You can download the SECDEF's memo here:
http://www.pebforum.com/site/thread...-on-discharge-upgrade-for-those-w-ptsd.23777/

 

[Jason Perry]

http://dodnews.defense.gov/Video.aspx?videoid=358612

 

[triedandfailed]

This is really good news. I know people who have had this happen, and it happens frequently. I can tell you that my husband would not have even gotten seen if I hadn't pushed for it. Not everyone has someone in their corner to keep them from falling through the cracks. At least now they will have the chance to get some help.

 

[tracy2014]

That's great news.

 

[danieldresen]

This is a step in the right direction for the older generation of Veterans. Already encountered my fair share that were unable to receive assistance due to the separation mark. I have already passed this on to a few that I know where this would apply.

 

[scoutCC]

The wording is very strongly directed to vietnam era vets. War aquired ptsd before ptsd was even a valid diagnosis. There isn't anything preventing this from being applied to modern era vets, however . . . Back then there was no psychologicaal exam requirements, now there is, and that seems to be the primary reason for this memo. There doesn't seem to be an effort to address pencil whipped or unfairly ignored exams that can happen nowadays.

Its like agent orange a bit, once the vets most effected are already dead or near to the end, then they acknowledge the problem. Should be more of a consequence built into the system than just getting away with saying whoops.

 

[danieldresen]

Agent Orange and Dioxin exposure is still an active issue. Just look up Ft. McClellan, AL. I had no idea that I grew up, and went back to one of the country's largest superfund clean up sites for Agent Orange, Dioxin, and Depleted Uranium. The clean up started in 2008, after my unit left there for a Silver Scimitar training event. I know a few MPs that have a slew of health issues associated with Agent Orange but they are not entitled to compensation as... there is no acknowledgement of Agent Orange disposal by the Army. Monsanto settled in court for the clean up and even said Sarin and other chemicals were improperly disposed of and concealed at Ft. McClellan. Not just there but other places too. My mom lived on top of an Agent Orange disposal site when she lived in Japan and now has a cancer associated with Agent Orange. Due to a recent act, Monsanto is immune to prosecution. The guise is that Agent Orange was a "viable counter measure of war" at the time, or so the bill alleges.

 

[Shane]

good to see.

 

[Otlander]

This directive implements supplemental guidance to the Army Review Boards Agency (ARBA) regarding requests to upgrade discharges by veterans claiming PTSD. It augments the ARBA processes outlined in cited references.

 

[MSGHAWK]

Jason,

I know someone who was put out of the Army for a personality disorder in 1996, her NCO had beaten her and attempted to rape her while she was in Korea. She was transferred to Ft Lewis and then started having issues with discipline and attempted suicide a couple of times. She was put out and then a couple of years later applied for VA benefits which she eventually was given 100% P&T for PTSD and Bi-Polar disorder.
My question to you is, since the military is going back and trying to correct it's mistake for putting people out under other reasons, do you think she could have a good case to apply for a change to her discharge and possibly get it changed to a medical retirement? It would help her out to have tricare for her family.
Any thoughts would be appreciated. I'm just trying to help her out.

 

[Jason Perry]

The length of time since the discharge presents some challenges. However, I don't know enough about the case to really give much meaningful input. I would be interested in knowing why she was separated (specific chapter, whether she had a separation board, what the separations documents state), what her medical documents say from her time in service, and what the most close in time to her separation VA findings are (including results of any appeals).

I don't see personality disorder being a good basis to seek an appeal (based on the nature of that disorder and what the regulations state). That said, I suspect she has a viable case.

 

[DGO]

I just received a general discharge from AD off AGR status for misconduct I was pulled into despite having nothing to do with it. It was a he said/she said case and I happened to be married to the he and she worked for me. It was ugly, full of lies and a horrible experience to go through. She was upset that I supported him and believed it was an affair since I saw it first hand but she was able to say anything she wanted about my husband and me. I rebutted with every regulation that states if diagnosed with PTSD and going through the PEB process, that it should take precedence over being involuntary separated for misconduct. Unfortunately, I filed an Article 138 against a previous commander for harassment and that has come back to haunt me with a payback from my COS for keeping his mentor from making General. 27 days after discharge, I have now received the PEB results for 100% from the PEB and VA. I'm confused about CRDP. Do I receive both my retirement pay and VA pay? Also, with the relooks at DD214s with PTSD ratings, do I need to do anything or will this be automatic?

 

[scoutCC]

Also, with the relooks at DD214s with PTSD ratings, do I need to do anything or will this be automatic?

It will take an application to the BCMR. Most likely this memo doesn't apply to you, since this is reflecting Vietnam era vets who had undiagnosed PTSD that was the root cause, where yours was diagnosed. An application to the BCMR may still be worth you while though, as they can be an additional set of eyes to decide if things were done appropriately.

CRDP is if you had a LOS service retirement (20+ years), and yes, it would allow receipt of money from both sources. CRSC is the means of allowing concurrent receipt.

 

[mascabn]

Jason,

I have a battle buddy whose contract ended, he was undiagnosed at the time. Is 50 % for ptsd. He should be higher. Served with me 04-05. Does this apply to him? He has 8 years active.

 

[Jason Perry]

Jason,

I have a battle buddy whose contract ended, he was undiagnosed at the time. Is 50 % for ptsd. He should be higher. Served with me 04-05. Does this apply to him? He has 8 years active.

This directive does not really impact (at least directly) the "garden variety" challenge to separation and request for disability benefits. He may well have a strong case; just that this directive to the BCMRs likely is not an issue in his case (absent a discharge with a characterization of less than "honorable").