APPLICANT REQUESTS:  In effect, that he be medically retired.

APPLICANT STATES:  His serious medical conditions would have been noted if he had been given a separation physical examination.  Those conditions, which included 
Post-traumatic Stress Disorder and other associated psychological problems caused by his service in Vietnam, would have entitled him to a medical retirement.  In addition, he was arbitrarily reduced in pay grade after he submitted his request to retire for years of service, unjustly depriving him of his proper retired pay.  He charges that his reductions in grade were racially motivated.

EVIDENCE OF RECORD:  The applicant's military personnel and medical records show:

He enlisted in the Regular Army on 7 July 1965, was awarded the military occupational specialty (MOS) of telephone switchboard operator, and served in France for 9 months and 2 days and in Vietnam for 1 year and 18 days.  He was promoted to pay grade E-5 on 1 February 1968.

He served continuously through reenlistments and extensions and was awarded the additional MOS’s of radio operator and wire system installer.

On 31 January 1977 he was admitted to a military hospital for a grand mal seizure.  His wife told his physician that the applicant’s “alcohol intake was excessive on the weekend prior to this admission with heavy alcohol intake two nights prior to admission and moderate intake on the night prior to admission.”  He was given a battery of diagnostic tests, prescribed medication and returned to duty with profile limitations.

On 24 May 1978 the applicant accepted nonjudicial punishment (NJP) under Article 15, UCMJ, for two counts of failure to go to his appointed place of duty.

In August 1978 the applicant entered into the Alcohol and Drug Abuse Prevention and Control Program (ADAPCP) for alcoholism.  He successfully completed that program on 16 August 1979.

On 10 October 1979 he self-referred himself back to the ADAPCP, reporting that he had drank alcohol between 1 to 4 weeks prior to his referral.  The record indicates that he was making good progress on the program at the 120 and 180 day report dates, but does not show whether he successfully completed the program.

On 24 March 1980 the applicant was given a 30-day temporary physical profile over and above his profile for seizures.  That profile was for pancreatitis.

On 5 May 1981 the applicant was hospitalized with a diagnosis of probable recurrent pancreatitis, secondary to alcohol abuse; alcohol abuse; and trichomoniasis (urogenital infection).

On 1 September 1981 the applicant was again entered into the ADAPCP for alcoholism.  Again, the record shows that he made good progress on the program but does not show whether he successfully completed the program.

On 25 January 1982 the applicant was admitted to a hospital for post liver biopsy infection.  He was diagnosed with chronic alcohol abuse and with chronic pancreatitis secondary to alcohol abuse, with accompanying complications.

On 22 March 1982 the applicant was again admitted to a hospital and was diagnosed with acute and chronic cholecystitis (inflammation of the gall bladder); with chronic pancreatitis secondary to alcohol abuse; with common bile duct stricture; and with alcohol abuse.

On 24 August 1983 the applicant was given a reenlistment physical examination in which his seizure disorder, chronic pancreatitis and other medical conditions were noted.  He was determined medically qualified for retention, however, with profile limitations.

On 7 September 1983 the applicant was promoted to pay grade E-6.
On 5 June 1984 the applicant accepted NJP for being drunk on duty.  The punishment imposed consisted of a reduction from pay grade E-6 to E-5 and a forfeiture of $300.00 a month for 2 months.

On 1 April 1985 the applicant accepted NJP for being drunk on duty and for being disrespectful to a superior noncommissioned officer.  The punishment imposed consisted of a reduction from pay grade E-5 to E-4.

On 28 May 1985 the applicant accepted NJP for willfully disobeying a lawful order from a warrant officer and for two specifications of failure to go at the time prescribed to his appointed place of duty.  The punishment imposed consisted of a reduction from pay grade E-4 to E-1, suspended until 23 June 1985, a forfeiture of $100.00, and 27 days of restriction.  On 5 June 1985 the suspension of the reduction in pay grade was vacated due to the applicant breaking his restriction.

On 31 July 1985 the applicant was honorably retired for years of service in pay grade E-1.

Army Regulation 600-8-1, paragraph 39-5, states, in part, that an injury or illness proximately caused by a soldier’s intentional misconduct or willful negligence is considered not in line of duty, due to own misconduct.  Paragraph 41-10 of the same regulation states, in part, that an injury or illness incurred as the proximate result of prior and specific voluntary intoxication is incurred as a result of misconduct.

Title 10, United States Code, Section 1201, provides for the placement of soldiers on the permanent disability retired list (PDRL) who incur a physical disability in the line of duty while serving on active duty over 30 days.  However, the disability must have been the proximate result of performing that active duty.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1.  The applicant’s contention that a separation physical examination would have identified medical conditions which would have entitled him to a medical retirement is not supported by the evidence of record.  He was given a complete physical examination in which he listed all of his medical problems and was found fit for reenlistment within 
2 years of his retirement.  There is no evidence that his physical condition deteriorated after that examination.

2.  In addition, all of the applicant’s medical problems apparently resulted from his abuse of alcoholic beverages.  Therefore, those conditions are considered to have been incurred as a result of his own misconduct and would not have constituted a basis for medical retirement, even if they had been unfitting.

3.  There is no evidence which supports the applicant’s contention that he was arbitrarily reduced in pay grade or that his reductions in grade were racially motivated.  He was reduced by competent and proper authority under the UCMJ.

4.  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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director