VA Rating Decision

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The applicant requests an upgrade of his under other than honorable conditions discharge to honorable. The applicant seeks relief, contending, in effect, that he was honorably discharged in 2005. He served in Iraq and participated in over 400 combat missions for which he was awarded the Combat Infantryman badge. He decided to reenlist to further his service, however, he suffered a serious traumatic event in his life that led to his actions and resulted in a UOTHC discharge. He states that when these events occurred he turned to his chain of command and they did not properly address his issues, instead they just wanted to process his discharge as outlined in Captain Thoman’s memorandum. He contends that there were mitigating circumstances …show more content…
VA Rating Decision, dated 17 March 2015, indicates the applicant’s PTSD diagnosis was upgraded to a 50 percent disabling rating.

5. APPLICANT-PROVIDED EVIDENCE: DD Form 293, dated 31 August 2015; DD Form 214, dated 18 October 2006 and 16 May 2002; VA Medical Center, dated 15 June 2009 and 31 August 2015; VA Rating Decision, dated 2 October 2009, 8 August 2013, and 17 March 2015; Memorandum (Request for Chapter 10), dated 15 September 2006; and Character References time five (5).

6. POST SERVICE ACCOMPLISHMENTS: None submitted with the application.

7. REGULATORY CITATION(S): Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 10 provides, in pertinent part, that a member who has committed an offense or offenses for which the authorized punishment includes a punitive discharge may submit a request for a discharge for the good of the Service in lieu of trial by court-martial. The request may be submitted at any time after charges have been preferred and must include the individual’s admission of
…show more content…
He believes this was because he were suffering from Post-traumatic Stress Disorder (PTSD). He states that these factors should have been taken into consideration by his superiors when making the decision to issue an OUTHC discharge. He was diagnosed with PTSD in 2005 by the VA. Since his discharge in 2006, he has not live like everyone else. He deals with depression, anxiety, verbal and physical violence, flashbacks and he is unable to work due to his PTSD. The applicant’s service record contains documentation that supports a diagnosis of in service Post-Traumatic Stress Disorder (PTSD); however, a careful review of the entire record reveals that this medical condition did not overcome the reason for discharge and characterization of service granted. The record shows that on 16 August 2006, the applicant underwent a mental status evaluation which indicates he was mentally responsible, with thought content as clear, and was able to recognize right from wrong. The post service PTSD diagnosis document by the VA is acknowledged granting the applicant a service connected disabling rating of 30 percent. Also, the post service PTSD diagnosis document by the VA is acknowledged upgrading the applicant a service connected disabling rating to 50

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