MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 13 March 2001
         DOCKET NUMBER: AR2001051820

         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:

Ms. June Hajjar		Chairperson
Mr. Donald P. Hupman, Jr.		Member
Mr. John T. Meixell		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: In effect, that the narrative reason for her discharge be changed.

APPLICANT STATES: That her condition did not exist prior to service (EPTS). She passed her enlistment physical with two good arms. She provides no supporting evidence.

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

She enlisted in the Army National Guard on 11 June 1991. Her enlistment physical noted that she had been treated for depression in 1988 and for a number of other conditions, all resolved. She was discharged on 27 July 1992 and enlisted in the Regular Army on 13 August 1992.

On 2 September 1992, the applicant was hospitalized for right upper extremity paralysis, right facial paralysis, and right hemisensory loss.

On 22 September 1992, a Medical Evaluation Board (MEB) noted in the history of the applicant’s illness that she stated that about two weeks prior to reporting for active duty she awoke with right arm and facial numbness and right arm paralysis. She was evaluated at Fort Jackson, SC and initially her symptoms were presumed to be factitious in nature. However, a CT examination showed a left parietal venous angioma and a left peribasilar cyst. She was then sent to Neurology at Fort Gordon, GA for evaluation. Magnetic resonance imaging of her head was repeated twice and showed a stable venous angioma of the left parietal lobe and a minor non-impinging cyst at the medullary cistern level. Both of them were felt to be developmental and unchanged. All other laboratory and x-ray tests were normal. Psychological testing was obtained and personality characteristics noted which strongly suggested a diagnosis of Conversion Disorder and Dependent Personality Traits. She was diagnosed with Conversion Disorder (EPTS, not permanently aggravated by service); Dependent Personality Traits (EPTS, not permanently aggravated by service); and incidental findings of left parietal venous angioma and left medullary cistern cyst, not felt to be impinging on any coronal structures.

The MEB found the applicant to be mentally competent for pay purposes and to have the capacity to understand the nature of, and to cooperate in, Physical Evaluation Board (PEB) proceedings. The MEB recommended she be separated in accordance with Army Regulation 635-40, chapter 5. On 22 February 1993, the applicant agreed with the MEB’s findings and recommendation. On this date also she requested discharge for physical disability based upon the MEB’s findings and recommendations, which found her unqualified for retention because of physical disability that was found to be EPTS. She elected not to exercise her right to have her case considered by a PEB. She understood she would be separated by reason of EPTS physical disability.
The appropriate authority approved the applicant’s request. On 5 March 1993, she was honorably discharged by reason of a physical disability prior to entry on active duty – medical board. She had completed 6 months and 23 days of creditable active service.

Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. Chapter 5 provides for the separation of an enlisted soldier for non-service aggravated EPTS conditions when the soldier requests waiver of PEB evaluation. The soldier must be eligible for referral into the disability system, must not meet medical retention standards as determined by the MEB, the disqualifying defect or condition must have existed prior to entry on the current period of duty and not been aggravated by such duty; the soldier is mentally competent and knowledge of information about his medical condition would not be harmful to his well-being; and further hospitalization is not required. After being advised of the right to a full and fair hearing, the soldier must still desire to waive PEB action and he must be advised that a PEB evaluation is required for receipt of Army disability benefits but waiver of the PEB would not prevent applying for VA benefits.

Army Regulation 635-40, paragraph 3-3 states that according to accepted medical principles certain abnormalities and residual conditions exist that, when discovered, lead to the conclusion that they must have existed or have started before that individual entered the military service. Examples of these conditions include scars, congenital malformations and hereditary conditions, and similar conditions in which medical authorities are in such consistent and universal agreement as to their cause and time of origin that no additional confirmation is needed to support the conclusions that they existed prior to military service.

The Diagnostic and Statistical Manual of Mental Disorders, fourth edition (DSM-IV) states that the essential feature of Conversion Disorder is the presence of symptoms or deficits affecting voluntary motor or sensory function that suggest a neurological or other general medical condition. Psychological factors are judged to be associated with the symptom or deficit. The symptoms are not intentionally produced or feigned. Conversion Disorder is not diagnosed if the symptoms or deficits are fully explained by a neurological or other general medical condition. Motor symptoms or deficits include impaired coordination or balance and paralysis or localized weakness. Sensory symptoms or deficits include loss of touch or pain sensation. Symptoms may be more common following extreme psychosocial stress. Associated mental disorders include Dissociative Disorders, Major Depressive Disorder, and Histrionic, Antisocial, and Dependent Personality Disorders.

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. 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 applicant’s separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize her rights. The applicant agreed with the MEB’s findings and recommendations and requested discharge with the understanding that the reason for her discharge would be by reason of EPTS physical disability.

3. 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

__JH____ __DPH___ __JTM___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001051820
SUFFIX
RECON
DATE BOARDED	20010313
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	110.02
2.
3.
4.
5.
6.