MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 23 August 2001
         DOCKET NUMBER: AR2001051499

         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.

Mr. Carl W. S. Chun		Director
Mrs. Nancy Amos		Analyst

The following members, a quorum, were present:

Mr. John H. Kern		Chairperson
Mr. Thomas Lanyi		Member
Ms. Paula Mokulis		Member

         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: That her discharge for sole parenthood be changed to a physical disability discharge.

APPLICANT STATES: That her pre-discharge physical showed that she had many physical and mental problems but she was not given a medical board.

COUNSEL CONTENDS: That the applicant’s chronic post-traumatic stress disorder (PTSD) went undiagnosed because she did not receive a full medical and neuropsychiatric evaluation upon her separation. Her PTSD eventually became disabling. In August 1985, she complained about cramping in her thigh muscles. In September 1985, she complained of chronic abdominal pain and cramping for which she was prescribed pain relievers. This cramping recurred in February and September 1986. In March 1987 she was involved in an automobile accident and experienced greater back and pelvic pain. Since she was pregnant she was referred to the Fort Myer, VA Obstetrical Clinic for evaluation. On 23 July 1987, she was at home when she began to feel dizzy and experienced pelvic and abdominal pain. She was offered a ride to the military hospital and she was sexually assaulted during the ride. She was seen on this date in the emergency room for lower back pain. She did not disclose that she had been sexually assaulted because she had a "black out” from the incident. She gradually recovered memory relating to the sexual assault which caused her to lose sleep and to worry about her unborn child’s condition. Her son was born on 27 December 1987. Almost immediately, she began to suffer from severe headaches which were diagnosed as due to chronic sinusitis. In May 1988, she was in a car that was rear ended by another car. She experienced increasing difficulty in getting up in the morning and reporting to duty and the quality of her work began to deteriorate. Her head, abdominal, and pelvic pain continued as well. On 20 July 1988, she reported to sick call and told the examining physician she had spent the previous night weeping over personal problems. After counseling with her commander, she requested a discharge as a sole parent. During her pre-discharge physical, numerous conditions were disclosed, yet she was not sent to a medical board for review. After her discharge, she was treated for ovarian cysts and was diagnosed as suffering from major depression. In February 1994, the VA denied her claim for vocational rehabilitation. She was seen by a psychiatrist in September 1994 and for the first time disclosed the 1987 rape to a medical professional. She was diagnosed with PTSD with dissociative episodes. In October 1994 she had a VA compensation and pension examination. She did not mention the 1987 rape during this examination. In January 1995, the VA issued a rating decision granting her zero percent service connection for mechanical back pain and scar residuals. In June 1995, the VA denied service-connection for her PTSD. It was denied again in March 1997 and again in November 1997. She had further VA actions in 1998 and 1999. All her VA claims are now on appeal. Because the applicant did not receive a psychiatric examination at the time of her discharge, the Army failed to detect that she had been raped in 1987 and was suffering from PTSD.
EVIDENCE OF RECORD: The applicant's military records show:

After having had prior service in the U. S. Army Reserve (USAR), she enlisted in the Regular Army on 6 June 1985. She was assigned to the Washington, D. C. area in January 1987. She was promoted to Specialist, E-4 on 1 January 1987 in military occupational specialty (MOS) 71L (Administrative Specialist).

On 2 June 1987, the applicant was given a temporary profile due to her pregnancy. Her son was born in December 1987.

On 17 May 1988, the applicant requested reenlistment in the Regular Army. Her commander recommended approval and noted on the Request for Regular Army Reenlistment or Extension, DA Form 3340, that she was physically capable of performing the duties of her primary MOS worldwide. The applicant was honorably discharged on 31 May 1988 for the purpose of immediately reenlisting on 1 June 1988.

On 12 August 1988, the applicant requested separation for sole parenthood. She stated that her mission in the Army had caused her to be unable to care for her infant son and being a single parent took away from her mission in the Army. Her duty hours were not compatible with her babysitter and in order to continue with her mission she had to settle for any situation she would get. That meant she often had to change sitters, leading to an unstable life for her son.
Her commander recommended approval of her request. He noted she was deeply concerned about the conflict she encountered in trying to balance her time and attention between her obligations to her child and the military. He noted that she had been repeatedly counseled on the benefits of continued military service but believed it was in the best interest of the Army and her that her request be expeditiously approved.

On 1 September 1988, the applicant completed a separation physical. Several conditions were noted but she was found qualified for separation.

The applicant’s request was approved and on 1 September 1988 she was released from active duty and transferred to the USAR Control Group Reinforcement.

On 6 February 1990, the applicant reenlisted in the USAR Individual Ready Reserve (IRR) with concurrent assignment to the 7^th Psychological Operations Battalion. On 1 January 1991, she was released from that unit due to unsatisfactory participation and reassigned to the USAR Control Group Reinforcement.

The applicant’s service medical records and VA records substantiate counsel’s claims concerning her medical history.
Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The regulation defines “physically unfit” as unfitness due to physical disability. The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty. The mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability. All relevant evidence must be considered in evaluating the fitness of a soldier. Evaluations of the performance of duty by supervisors describing the physical ability to perform the duties of the soldier’s office, grade, or rank may provide better evidence than a clinical estimate by the soldier’s physician.

In the processing of this case, an advisory opinion was obtained from the Medical Advisor to the Army Review Boards Agency. It was noted that there was nothing noted on either the applicant’s Report of Medical History or the Report of Medical Examination to indicate conditions existed that met criteria for Medical Evaluation Board referral.

A copy of the advisory opinion was provided to the applicant for comment or rebuttal. She did not respond within the given time frame.

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, it is concluded:

1. 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 this requirement.

2. The Board is empathetic with the applicant’s medical problems and acknowledges that she was treated for a number of those problems during her period of service; however, there is no evidence of record to show that she was ever unfit to perform her military duties. She never received a medical profile for any condition other than her pregnancy. As late as 17 May 1988, her commander found her physically capable of performing the duties of her primary MOS worldwide. She did not meet the eligibility criteria for referral to a Medical Evaluation Board. Even after her discharge, the applicant believed herself sufficiently capable of performing military duties to reenlist in the USAR for a specific unit.

3. Regrettably, 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

__jhk___ __tl____ __pm____ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001051499
SUFFIX
RECON
DATE BOARDED	20010823
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	108.00
2.
3.
4.
5.
6.