MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 25 February 1998
DOCKET NUMBER: AC95-06229
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. The following members, a quorum, were present:
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
The Board considered the following evidence:
Exhibit A - Application for correction of military
records
Exhibit B - Military Personnel Records (including
advisory opinion, if any)
APPLICANT REQUESTS: In four separate applications, that his records be corrected to show that his diagnosis of mental retardation and nervous condition was incurred while he was on active duty.
APPLICANT STATES: That he entered the Army without a mental illness and at the time of his discharge, he was total wreck. He further states that 6 months after his psychoneurosis condition was diagnosed he was diagnosed as being mentally retarded and should not have been discharged after being diagnosed with mental retardation.
EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire of 1973. Information herein was obtained from alternate sources.
On 2 December 1940, the applicant underwent an physical examination and was found mentally and physically qualified for enlistment. On 4 December 1940 he enlisted in the Army for a period of 1 year in the pay grade of E-1 at Fort Jackson, South Carolina. He successfully completed his training as a general mechanic.
On 21 June 1941 he was admitted to the station hospital in Camp Forrest, Tennessee due to nervousness as a result of having to work under pressure and supervision. He was diagnosed as having mental retardation (mental age of 9 - 10 years) and a mild anxiety state caused by a maladjustment. He was also diagnosed as being in a state of excitation, general malaise. His condition was noted to have existed prior to service.
He remained hospitalized for observation until 27 June 1941. After his state of anxiety subsided he was discharged from the hospital and he was returned to duty. He continued to serve without further incident until he was honorably discharged on 3 December 1941 at the expiration of his term of service (ETS).
The applicant underwent a physical examination at the time of his discharge and he was found physically and mentally sound. He had completed 1 year of total active service.
On 5 June 1995 the Department of Veterans Affairs denied the applicants request for service connection for phychoneurosis with mental deficiency.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant's honorable discharge at his ETS was in compliance with applicable regulations in effect at the time.
2. The type of discharge directed and the reasons therefor appear to have been appropriate considering all the facts of the case.
3. The applicant experienced one episode of nervousness while on active duty for which he was hospitalized less than a week. Apparently, his condition was temporary since he was returned to duty without further incident throughout the remainder of his enlistment. Moreover, he underwent a separation physical examination and was found to be physically and mentally qualified for separation.
4. There is no evidence of record nor has the applicant submitted any evidence to support his contention that he had an illness at the time of his discharge which would warrant a correction of his records.
5. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
6. In view of the foregoing, there is no basis for granting the applicant's request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
JHL CMF KW DENY APPLICATION
Karl F. Schneider
Acting Director
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