MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        

         BOARD DATE: 18 March 1998
         DOCKET NUMBER: AC97-09066

         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:

Mr.	John N. Slone		Chairperson
Mr.	Thomas N. Kuhn		Member
Ms.	Celia L. Adolphi		Member

         Also present, without vote, were:

Mr.	Karl F. Schneider		Acting Director
Ms.	Joyce A. Wright		Analyst

         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)

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APPLICANT REQUESTS: In effect, that his Medical Evaluation Board (MEB) be changed to reflect that his current psychiatric condition did not exist prior to his entry in the service.

APPLICANT STATES: In effect, that at no time was he treated prior to the military for a psychiatric disorder and that it first developed in 1986. In support of his application he submits a statement from his spouse.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant initially enlisted in the Missouri Army National Guard on 31 January 1980 for a period of 3 years as a utilities equipment repairman. He was ordered to initial active duty for training (IADT) on 3 March 1980 and returned to the control of the Missouri Army National Guard on 30 June 1980 and was honorably discharged. On 10 August 1981 he enlisted in the USAR under the Delay Entry Program (DEP) for a period of 6 years. He enlisted in the Regular Army on 26 October 1981 for a period of 3 years and entered active duty on the same date. He was transferred to Germany on 13 October 1983. He later reenlisted on 28 April 1986 for a period of 6 years.

On 22 May 1986, nonjudicial punishment (NJP) was imposed
against the applicant for wrongfully using marijuana. His punishment consisted of a reduction to the pay grade of E-4,
a forfeiture of pay (suspended), and 45 days extra duty.

The applicant was barred from reenlistment on 17 July 1986
for the use of illicit drugs.

The applicant was admitted to the hospital in Germany on
27 August 1986. On the day of admission his psychotic behavior developed and his spouse accompanied him to the hospital where he was admitted for observation. He was later transferred to Fitzsimmons Army Medical Center in Denver, Colorado on 9 September 1986 for further observation and medical processing.

The applicant’s case was considered by a medical board on
25 September 1986, which determined that the applicant suffered from a schizophreniform disorder, recurrent,

acute, severe; manifested by thinking delusionally, hallucinating auditorally, loosening of associations, deteriorating from a previous level of functioning as a soldier, father and husband; with a past history of repeated psychiatric hospitalization. The MEB also determined that
his condition had been in remission, but may have been exacerbated by the applicant’s use of toxic substances, military pressures, the stress of being administratively separated from the service and illness in the family. The MEB further determined that the applicant was mentally competent for pay purposes, mentally competent to understand the nature of these board proceeding, conduct or cooperate in his own behalf and that he was unfit for military duty.
The MEB recommended that the applicant be separated from the service for a disability which existed prior to military service (EPTS) under the provisions of Army Regulation
635-40.

On 27 October 1986, the applicant requested that his MEB recommendations and findings be reconsidered or reversed because he did not concur with the findings of EPTS and natural progression. His appeal was considered; however,
the findings of the MEB were affirmed.

The applicant’s case was reviewed by the Physical Evaluation Board (PEB) on 8 June 1987. The PEB determined that the applicant had a major affective disorder, treated, in remission, productive of slight social and industrial impairment, and not service aggravated. The PEB also determined that the applicant was unfit and recommended
separation without benefits because the applicant’s mental condition did not initially occur while entitled to basic pay and the natural progression of the disease process.

On 5 May 1987, the applicant requested removal of his bar
to reenlistment through the proper channels and it was approved on 8 June 1987.

The applicant was honorably discharged on 2 July 1987, under the provisions of Army Regulation 635-40, paragraph
4-24E(4), physical disability without severance pay. He had served 6 years, and 4 days of total active service.



Title 10, United States Code, chapter 61, provides
disability retirement or separation for a member who is
physically fit to perform the duties of his or her
office, rank, grade or rating because of physical
disability incurred while entitled to basic pay.

Army Regulation 635-40 provides the policy and procedures for evaluating the physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. It states, in pertinent part, that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of physical disability incurred or aggravated in service.

In processing of this case, a staff advisor opinion (COPY ATTACHED) was provided by the Department of the Army Review Board Agency (DARBA), medical advisor. The medical advisor
indicated that the applicant had a chronic psychiatric condition for which he had been hospitalized on numerous occasions prior to his entrance on active duty. However, the applicant concealed these admissions when he entered the information on his entrance medical history questionnaire.
He also indicated that after 6 years of active duty, the applicant entered a period of severe psychological stress, similar to periods prior to his entrance in the Army, and decompensated psychologically, requiring hospitalization. He further indicated that when the applicant’s previous mental history was discovered, the applicant was separated with an EPTS psychological condition, deemed not service aggravated. The applicant was barred from reenlistment for smoking marijuana, which was not a medical condition at all.

In the processing of this case an advisory opinion (COPY
ATTACHED) was provided by the Physical Disability Agency (PDA). The MEB opined that the applicant had schizophreniform disorder, that it had existed prior to service (EPTS), and that it had not been aggravated by the military service. The PEB opined that the applicant was unfit and that the applicant was separated without benefits because his mental condition did not initially occur while entitled to basic pay and the natural progression of the


disease process. The applicant was not eligible for compensation under Title 10 United States Code 1201. The applicant concurred in the PEB’s findings and waived his formal hearing. It further opined that the MEB and PEB findings were correct, supported by substantial evidence, were not in violation of any law or regulation, and that there is no basis for changing the applicant’s military records.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1. The applicant was diagnosed as suffering from a schizophreniform disorder, that it had existed prior to service (EPTS), and that it had not been aggravated
by military service.

2. The evidence of record clearly indicates that he was properly determined to be unqualified for further military duty. Likewise, he was administratively discharged in accordance with applicable laws and regulations with no indication of any violation of his rights.

3. It should be noted that the mere presence of an impairment or the fact that a person is able to enlist
in the service before the impairment is detected, does
not, in itself, constitute service-connection or a right to
receive severance pay or medical retirement.

4. The applicant failed to reveal the true nature of his
condition at the time of enlistment. The failure of the applicant to make his condition known at the time of enlistment was sufficient grounds, it itself, to process him out of the service for failure to meet medical fitness standards.

5. 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

TNK JS CLA DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director