MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 06 SEPTEMBER 2001
         DOCKET NUMBER: AR2001052811

         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
Mr. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Melvin H. Meyer		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, physical disability discharge or retirement.

APPLICANT STATES: The applicant has submitted seven separate applications to this Board requesting either physical disability or retirement, or that his entry level status discharge be upgraded to honorable. In his 23 January 2001 request he states that he had mental problems, and that his C file [a VA file] is not complete and his personal documents are missing. He states that he is suffering from stress and nervous conditions. He has been in psychiatric hospitals, including VA and county hospitals. When the Army discharged him he did not say anything about his illness because he was nervous at the time. He submits documents to support his application. He states that he is a loyal and good individual who wants to work for the CIA.

In his 13 February 2001 request, he states that he is a lost soldier expressing his behavior and that people are trying to kill him for his feelings. He states that he wanted to return to the Army, but is very sick with violent emotional behavior. He needs help. He sees visions of God. He is a moral individual with a sick mind. He is always going to mental hospitals. If there is a chance of him reentering the Army he would become the best commando working for the CIA. He has always needed companionship, but now that he has found God he is going to sit on his right side in heaven. The applicant continues his statements in this vein. In his second letter to this request he states that he was positive for PCP, marijuana, and alcohol. He did not do well on the test in order to get a better MOS (military occupational specialty). He was sniffing glue at age 12. He joined the Army to have a career. He did well in training, but artillery made him nervous. Since getting discharged for psychiatric problems, he was informed that something was wrong with him. He has dreams of artillery firing to destroy things. Every time he sees things, he does not know whether or not he is asleep. He hears things telling him to destroy objects. He cannot sleep because he is always thinking about sleeping with girls. He believes in God, but he believes that he is losing his mind. Sometimes he can hear his drill sergeant and others marching and singing songs. There was a lady named “A” in the mess hall smiling at him. There was something planted in his ears. God is guarding him from evil. The applicant goes on in this manner, and includes drawings.

In his 15 February 2001 application, the applicant states that the records were unjust because they were not properly handled. He states that he hears voices telling him to kill someone, to start fires, and to attack girls – to shoot and burn factories and destroy car windows. He mentions a young lady named Ana who sometimes he loves and sometime he hates. He believes that the training he received in the Army motivated him to do push ups, running in place, kill, kill, kill. A lot of people think he is crazy. He doesn’t know whether he’s crazy or insane. The applicant includes a letter to the VA, continuing in this manner, and a letter to the President, stating that this Board denied his application, and stating that he had psychiatric problems.
In a packet of letters received by this agency on 9 March 2001 the applicant states that he wants to reenter the Army, that the Army means a lot to him, and that he wants a new beginning. However, in another letter he states that he is a sick person who cannot live a normal life. He includes copies of his previous letters to the Board. He also includes a copy of a 19 January 2001 letter stating that the Disabled American Veterans (DAV) did not handle his case correctly, that while in Los Angeles on 5 March 1997 board members (Army Discharge Review Board) questioned him, and he wanted the members to know that he was a special soldier, but the noise from tanks, cannon, etc., excited him and made him stronger, but the next thing he knew he was weak with so much stress. He had a nervous breakdown. He started to feel nervous about “A.” He was homesick. He is still not a thief. He wants the Board to consider his case. In a 22 January 2001 letter to the President, he requests help in returning to the Army, stating that he wants to be all that he can be. The applicant adds three other letters, providing much of the same information as in his previous correspondence.

The applicant submits VA documents received on 20 April 2001 that show that he was diagnosed as having an antisocial personality disorder with schizo-affective features on 23 March 1989; and show that he was admitted to the Telecare La Casa Psychiatric Health Facility in Long Beach, California, on 22 November 1999 with depression, agitation, suicidal ideation, and inability to contract for safety. He was homeless and disabled, with no family or friend for support. He was paranoid, delusional, and in need of inpatient treatment because of suicidality. Upon discharge on 6 December 1999, he was depressed but had a stable mood and no suicidal or homicidal ideations. He was diagnosed as having a schizoaffective disorder, and hepatitis C.

Documents received on 2 May 2001 are 1992 medical records which show, among other diagnoses, alcohol withdrawal, cocaine withdrawal, and an antisocial personality.

Two applications, both dated on 16 May 2001, show that the applicant requested that his discharge be upgraded to honorable. He states that he wants to start a new life. He states that his employment status is on hold because of his Army discharge. He states that if only the Board knew of his thoughts of “A.”

NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board’s consideration of his request to upgrade his uncharacterized discharge for entry level status performance and conduct to honorable (AC97-08424) on 25 June 1997. That memorandum reflects that the applicant was psychiatrically cleared for discharge. It also shows that the Army Discharge Review Board in 1992 and again in 1997 denied his request to upgrade his discharge.
On 3 April 1999 the applicant again applied to the Board, stating that he wanted his discharge upgraded to honorable, and that he wanted to be reinstated into the Army, to join the CIA to protect his country from its enemies. He stated that he would like another hearing with the board. He attached a 13 December 1999 letter to the VA in which he stated that he could not adjust to civilian life, that when he joined the Army, he became ill and did some bad things. Before he enlisted, he was all right, graduating from high school and going on to community college. After his discharge, his family was concerned about his strange behavior. He stated that he started hearing voices while in the Army, and started hearing bells ringing in his ears. He stated that he wanted to receive treatment from the VA. After his discharge he got into trouble with the law and was arrested. Sometimes he became violent and had nightmares.

In a 14 April 1999 letter the applicant stated that his discharge was an entry level status discharge, and that when he testified before the board (ADRB), he did not say much. He had issues. He was one of the finest soldiers. He was motivated. If he is granted another hearing, he will provide evidence to clear himself. He is loyal to his country. He is an American fighting soldier.

On 13 January 2000 the applicant was informed that he had not submitted any new evidence, information, or argument, which was not in the record at the time of the prior Board consideration, and there was no basis for resubmitting his request to the Board.

Last year the applicant applied again, requesting to be reinstated in the Army. He was informed on 28 December 2000 that more than one year had elapsed since the original consideration of his case, and there was no basis for resubmitting his request to the Board. His request was closed without any further action.

With the application mentioned above, the applicant submitted a copy of a 5 September 1996 VA hearing on his claim on the issue of service connection for an acquired psychiatric disorder. He also submitted a copy of a 9 August 1989 VA rating decision which shows that service connection was not warranted for schizophrenia in that his condition existed prior to service (EPTS), and that his schizophrenia, paranoid type, was a result of his own willful misconduct, vicious habits, and substance abuse. He also submitted a copy of a 19 March 1989 VA discharge summary, which indicates that his family had told him to leave their home because of heavy drinking and emotional temper, and that his father stated that he had not been the same since his discharge from the military. That summary indicated that the applicant had a total of four years of incarceration since his discharge from the military in 1984 for vandalism, extortion, and burglary. The summary indicated that the applicant had been admitted [to the hospital] on several occasions, that he refused to comply to an outpatient regimen, and that he was continually stating that he was either suicidal or homicidal to get back into the hospital. It indicated that the applicant appeared to be manipulative, that he had been stabilized on his medications the day before the admission when he was discharged, and then the next day came back for admission again. His condition was diagnosed as antisocial personality disorder with schizoaffective features.

He submits a copy of a 25 May 1995 mental status examination which indicated that the applicant had a long history of psychiatric illness, and a history of alcohol, marijuana, and cocaine abuse. His condition was diagnosed as schizophrenia, paranoid, episodic, with inter-episode residual symptoms; marijuana, cocaine, and alcohol abuse, in remission; paranoid personality disorder; and psychosocial stressors.

He submits a copy of a 26 October 1983 report of medical examination in which he stated that he was in good health and did not take any medications. He did indicate on that report that he did worry and was nervous. He also indicated that he used marijuana in 1981.

Medical documents from Downey Foundation Hospitals in Downey, California, show that the applicant was treated on numerous occasions because of psychiatric problems and because he cut his wrist. A 2 September 1994 report diagnosed the applicant’s condition as suicidal ideation with past history of psychiatric disease. A 25 September 1994 medical report diagnosed the applicant’s condition as paranoid schizophrenia with minimal exacerbation and left wrist abrasion.

Documents from the Department of Mental Health in Los Angeles County in 1995 indicate that the applicant was emotionally disabled with a diagnosis of chronic paranoid schizophrenia. One document indicated that the applicant’s emotional difficulties did not manifest themselves until after he was discharged from the Army in 1984. In a 16 October 1996 document a psychologist stated that the applicant did not become mentally ill after his discharge, and that if he had mental problems before his entry into the Army, the Army would have some responsibility in not screening better, and thereby very likely worsening his condition. A 13 April 1996 letter to the VA from the applicant’s brother indicates that person stated that the applicant was perfectly well when he entered the Army. A 28 May 1994 psychiatric evaluation conducted at the Bellflower Medical Center in Bellflower, California indicates that the applicant’s condition was diagnosed as schizoaffective disorder, in acute exacerbation. Documents dated in 1996 from the College Hospital in Costa Mesa, California, provide a like diagnosis, e.g., paranoid schizophrenia. Those documents also show a history of alcohol and cocaine abuse. Medical documents dated in 1993 from the Valley Hospital Medical Center in Van Nuys, California also provide a like diagnosis, and indicate multiple polysubstance abuse in the past. Documents from the Pacifica Hospital of the Valley in Sun Valley in 1993 show that the applicant stated that he had no military history. His condition was diagnosed as schizoaffective, chronic, paranoid, in acute exacerbation.

Documents dated in 1999 and in 2000 submitted by the applicant and by the applicant’s brothers and other relatives to the VA indicate that those individuals stated that the applicant had mental problems and that he needed help. The applicant stated that the Army aggravated his problems. One of his brothers and his nephew stated that he was all right until after he was discharged. The applicant submits numerous correspondence to the VA outlining his problems, stating that the Army either caused or aggravated his condition.

Medical records in late 1999 from the La Casa Mental Health Center in Long Beach show that the applicant was treated from 22 November 1999 to 6 December 1999. The applicant stated on one occasion, that he did use alcohol on and off, but was not a heavy drinker, except on occasion, that he had used multiple drugs, including IV drugs, in the past and that he was sober for seven months up until about two days ago, when he smoked crack cocaine. His condition was diagnosed as schizoaffective disorder and hepatitis C. One medical report indicates that the applicant related that in 1985 he “used everything.”

In a recent letter to this Board postmarked in March of this year, the applicant stated that there was a lady named “A” and that her husband went inside of his parent’s house and put cameras inside of the rest room. He stated that the lady was around the military base and came to see him graduate, but did not know that he was discharged for medical reasons. He stated that those pictures ruined his life. He is going to hurt her and her husband. He stated that he was taking his medication. He stated that he hopes to meet a girl. He stated that he would have returned to the Army, but for the pictures. He stated that what he learned in the Army, he was going to show “A” and her husband.

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

Army Regulation 40-501 provides that for an individual to be found unfit by
reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.

Army Regulation 635-40, paragraph 3-2b 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 a physical disability incurred or aggravated in service.

That paragraph goes on to say that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

Army Regulation 635-40, paragraph 3-3, provides 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 the individual entered military service.

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 was discharged under the provisions of the trainee discharge program because of his entry level status performance and conduct. His continued performance of duty raised a presumption of fitness which he has not overcome by evidence of any unfitting, acute, grave illness or injury concomitant with his separation.

2. The applicant stated, prior to his discharge, that he wanted to stay in the Army, requesting that the discharge action be suspended so that he could prove himself, implying that he felt that he was physically and mentally capable of performing as a soldier.

3. In August of 1989 the VA stated that service connection was not warranted for schizophrenia in that his condition existed prior to service (EPTS), and that his schizophrenia, paranoid type was a result of his own willful misconduct, vicious habits, and substance abuse.

4. The applicant did not have any medically unfitting disability which required physical disability processing. Therefore, there is no basis for physical disability retirement or separation.

5. The applicant has submitted neither probative evidence nor a convincing argument in support of his request.

6. 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 that requirement.


7. 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

__LLS __ __MHM _ __JTM __ DENY APPLICATION

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

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INDEX

CASE ID	AR2001052811
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20010906
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	108.00
2.	177
3.
4.
5.
6.