Should Vietnam veterans have their discharges upgraded for PTSD?

 
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Should Vietnam veterans have their discharges upgraded for PTSD?

Sort of an interesting article in the New York Times today about veterans of Vietnam who were discharged with less than Honorable Discharges who want to upgrade their discharges on the basis of PTSD.  Bear in mind that PTSD as a mental diagnosis didn't exist until 1980, so this determination would have to be retroactive.  The Yale Law School Veterans Legal Service Clinic has filed suit, and as the NYT lays out, the court has to address two issues:

The suit raises two thorny issues that could affect thousands of Vietnam veterans: Can they be given a diagnosis of PTSD retroactively, to their time in service, though the disorder was not identified until 1980? And if they can, should recently instituted policies intended to protect troops with PTSD be applied retroactively to their cases?

The article talks largely about one such individual, John Shepherd Jr., who had a mixed record in the military:

Within a month, his patrol was ambushed, and Mr. Shepherd responded by tossing a hand grenade into a bunker that killed several enemy soldiers. The Army awarded him a Bronze Star with a valor device, one of its highest decorations.       

Yet the medal did little to assuage Mr. Shepherd’s sense of anxiousness and futility about the war. A few weeks after his act of heroism, he said, his platoon leader was killed by a sniper as he tried to help Mr. Shepherd out of a canal...

After a court-martial, the Army discharged Mr. Shepherd under other-than-honorable conditions, then known as an undesirable discharge. At the time, he was happy just to be a civilian again. But he came to rue that discharge, particularly after his claim for veterans benefits was denied because of it. It was a breaking point: his behavior became erratic, and at some point he simply refused to go on patrol.

So, I went to the Yale Law website about Mr. Shepherd's case, and they certainly lay out a comelling argument.  One thing that might factor against Mr. Shepherd is that apparently he had problems prior to even arriving in Vietnam, including going AWOL from Basic Training for almost a month.

The last sentence of the article doesn't seem to me to help his case much:

“I want that honorable,” he said. “I did do my part, until I really felt it wasn’t worth getting killed for.”

While I understand what he is saying, I'm not sure you can leave it to individual soldiers to determine when something is "worth getting killed for."  But even if it isn't worth getting killed for, I'm not sure that neccessitates upgrading the discharge.

Nonetheless, it should be an interesting case.  Had this happened today, his discharge probably would have been upgraded.  But then again, if he had gone AWOL from basic today, he probably would have been separated before even deploying, so I am not sure that is the determinitive factor.

 

Posted in the burner | 55 comments
 
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In the early 1990s I was involved in helping to set up a Korean War Veterans group in Miami, Florida.
After some newspaper publicity, we had a meeting with about 40 KW Vets in attendence. The next month's meeting we had about 30 vets. Then the following month's less than that. I started running into a few of the men at the VA Hospital that had attended the early meetings and asked them why they had not continued to attend. They all told me that after leaving the military in the 1950s, they went to school, got married and raised a family and surpressed any thoughts of their comcat experiences. After attending the KWA meetings they started getting flashbacks of the Korean War and they were being over whelmed with anxiety. sleeplessness and all the nervousness. They went to the VA and were in the mental health clinic.
What does that tell you about delay PSTD.

I am presently working with Senator Bernie Sanders (Chairman of the Veterans Affairs Committee) on submitting a proposal to the Dept. of Defense to give an overall pardon to any Veteran of Vietnam who received an "Other than Honorable" discharge, based only on the criteria that they have lived a "reasonable" life since their discharge and not based on mitigating facts that slow down the process and in many cases become reasons for denial. Anyone wishing to help may contact his Veterans affairs officer Sam Haskins
My Crew Chief, the man I owe my life to, deserves to at last feel his sacrifice was worth at least something to this country!

I have fought forty years for upgrade I have begged va for help. Five suicide attempts ptsd, depression,copd erectible dysfuction ten other medical ailments. It has been a long and hard road. I would not wish this on my worst enemy. I ask to see a military phycharist while I was in service but they refused to see me. This is one hell of a death sentence.

I was in vietnam in 1968, during that time my grandmother was on her death bed and i ask and got a compassonate leave. but i got back to the departure station two days late and the mps were called in on me..... they told me that when i got back to my company i would be courtmartialed and put in prison or firing squad...... a 19 year old boy and it scared the hell out of me so when i went to the mess hall i kept going... i did not hide i went home and went to work.... in 74 i applied for the amnisty offered by ford.... the officer they put me with as a defense told me to sign the paper or i would be found guilty and sent to levenworth.... i signed and have a undiserable discharge. I don't know how or if i can get it upgraded but i would like to get it done before i die..... i'm 67 now... at the time i was not affraid of the vietcong or the nva... but i sure as hell was scared to death of what my own military would do to me for being two days late reporting in and with the mps..or cops told me would happen at that time was the way it would happen.... police back then of any type were not to be fooled with... they told the truth and were beyond being questioned on their orders... so i left now i want to fix it if i can.... i was told to do comunity service and for the last 45 years i have played for any type of fund rasing to help people every chance i got... oh... i play music and donate time to help when i can..... if any one knows how i can get help please let me know...... stevepennington AT charter dot net

I was Medivac to Philaphila VA 1971 for a skin problem.And they wanted me to help clean the hospital.I refused and the doctor recommended to for me full duty.At the Naval Yard.I FIGURED I BETTER MAKE A COPY OF MY COMPLETE HEALTH RECORD.To keep them from saying they couldn't find my records in the future.So the system have been misleading veteran for years.Especially the lower level military enlisted.I'm sure the higher staff officers knew.They were the doctors.Go back to Nixon and work your way up.I have the proof to show.SEMPER FI

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News from the World of Military and Veterans Issues. Iraq and A-Stan in parenthesis reflects that the author is currently deployed to that theater.