MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 7 March 2002
         DOCKET NUMBER: AR2001057739

         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. Edmund P. Mercanti		Analyst

The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr.		Chairperson
Mr. John P. Infante		Member
Ms. Regan K. Smith		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 his transfer to the Retired Reserve due to non-service related medical disqualification be corrected to a medical retirement with back pay to the date of his separation.

APPLICANT STATES: That his seizure disorder, bipolar disorder, arthritis, hepatitis C, dysthymia, and major depression were all due to his service in Saudi Arabia during Desert Storm.

In support of his request the applicant submits military and Department of Veterans Affairs (DVA) medical records which show that he has been treated for numerous medical and psychiatric conditions subsequent to his return to the United States after Operation Desert Storm. In one DVA medical treatment record submitted by the applicant, dated 12 January 2001, the attending physician opined that the applicant’s bipolar disorder, dysthymia, Post-Traumatic Stress Disorder (PTSD) and major depression were all secondary to temporal lobe epilepsy, as an organic affective syndrome. This physician considered the temporal lobe epilepsy to be caused by a right temporal lobe abnormality, which may be caused by a lesion. The physician placed the onset of symptoms for this condition to be the time the applicant was serving on active duty during Operation Desert Storm, based on the symptoms he exhibited at that time.

The applicant also submits a statement from his wife who states that the man she knew did not return from Desert Storm.

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

The applicant enlisted on 8 September 1976, was awarded the military occupational specialty (MOS) of Air Defense Artillery Operations/Intelligence Assistant, and was promoted to pay grade E-4. He was honorably released from active duty on 7 August 1979 and transferred to the Army Reserve (USAR) Control Group (Reinforcement).

He reenlisted in the Regular Army on 21 July 1981, was awarded the MOS of Patient Administration Specialist, and was honorably discharged on 20 October 1985.

He enlisted in the Army National Guard (ARNG) on 27 March 1987 and served as a Patient Administration Specialist. On 15 February 1991 he entered active duty in support of Operation Desert Storm.

While on active duty he was treated for a bruised shin, flu-like symptoms (aches, chills and tenderness), left eye irritation, chronic foot pain, high blood pressure, and left shin injury.

On 3 July 1991 the applicant was released from active duty and returned to his ARNG unit. In conjunction with his release from active duty he was given a physical examination which determined that he was medically qualified for retention without profile limitations.

In a DVA intake summary dated 18 November 1993, it was recorded that the applicant’s mother has had psychological problems all of her life, that the applicant admitted to lowering his alcohol consumption from three cases of beer a week to twelve beers a week, and that the applicant reported that, while in the Persian Gulf, he worked in a facility which washed military equipment prior to loading it on aircraft. He specifically stated that he was not involved in combat. Clinically, it was recorded that, in March 1992, the applicant had a seizure and began experiencing mood swings, depression, a decrease in interest in activities, insomnia, decreased appetite, frequent and often severe headaches, and suicidal thoughts.

On 13 June 1995 the applicant’s unit commander requested a medical review board be convened to determine whether the applicant was qualified for continued service in the ARNG. The applicant’s records do not show the disposition of that request.

On 1 August 1995 the applicant was transferred to the Retired Reserve due to medical disqualification, with entitlement to retired pay at age 60.

Bipolar disorder is a mood disorder characterized by mood swings from mania (exaggerated feeling of well-being) to depression, with the current or most recent episode of illness characterized by depression. The disorder normally appears between the ages of 25 and 35 and affects men and women equally. The cause is unknown, but hereditary and psychological factors may play a role. The incidence is higher in people with relatives that have bipolar disorders or depression. There are no known risk factors for causing the disease; but lack of sleep may predispose one to a recurrence of symptoms. Symptoms in the depressive phase include loss of self-esteem, withdrawal, helplessness, fatigue, inability to feel pleasure, difficulty concentrating, loss of appetite or increased appetite, insomnia or hypersomnia, and suicidal thoughts. In the manic phase symptoms include increased activities, flight of ideas or racing thoughts, inflated self-esteem, decreased need for sleep, and talkativeness. The two (manic and depressed) may appear together, in a "mixed" phase.

Hepatitis C is an inflammation of the liver caused by the hepatitis C virus. Hepatitis C (HCV) is the most common chronic bloodborne infection in the United States. It is caused by a virus. Persons who may be at risk for hepatitis C are those who received a blood transfusion prior to July 1992; received blood, blood products, or solid organs from a donor who has hepatitis C; injected street drugs or shared a needle with someone who has hepatitis C; have been on long term kidney dialysis; as a healthcare worker had frequent contact with blood on the job; had sex with a person who has hepatitis C; shared personal items, such as toothbrushes and razors which may have blood on them, with someone who has hepatitis C; or were born to hepatitis C infected mothers. The incidence of hepatitis C infection is 3.9 to 5 million people in the United States or approximately 1 in 70 to 100 people.

Dysthymia is a disorder with a chronic depressed mood; it is a mild form of depression. The cause is unknown. The symptoms are not as severe as depression. However, affected people struggle most days with symptoms of depressed mood. It occurs more frequently in women than men and generally persists over a period of years. It can occur in children. Symptoms include depressed mood for most of the day, depressed more days than not, depression which continues for 2 years or longer, poor appetite or overeating, insomnia or hypersomnia, low energy or fatigue, low self-esteem, poor concentration, or feelings of hopelessness.

Title 10, U.S. Code, chapter 61, Sections 1201 through 1206, Retirement or Separation for Physical Disability, provides for the medical retirement and for the discharge for physical unfitness, with severance pay, of soldiers who incur a physical disability in the line of duty while serving on active or inactive duty. However, the disability must have been the proximate result of performing military 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. There is no evidence that any of the applicant’s medical and/or psychiatric conditions were incurred or aggravated while he was performing military duty. Therefore, his separation without disability benefits was and is appropriate.

2. The DVA physician opined that the applicant’s bipolar disorder, dysthymia, PTSD and major depression were all secondary to temporal lobe epilepsy, which in turn was caused by a right temporal lobe abnormality, which may be caused by a lesion. However, there is no indication that those conditions had their inception while the applicant was on 4 months and 19 days of active duty during Operation Desert Storm. The applicant had his first seizure, and with the seizure his other symptoms, in March 1992, eight months after his release from active duty. The DVA physician placed the onset of symptoms for this condition to be the time the applicant was serving on active duty during Operation Desert Storm, based on the symptoms he exhibited while he was on active duty. However, a review of the applicant’s health records fails to show that he exhibited any symptoms which would indicate that he was suffering from bipolar disorder, dysthymia, PTSD or major depression during that time.
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

__jpi ____ ___rks __ ____rvo _ DENY APPLICATION

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

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INDEX

CASE ID	AR2001057739
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020307
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.	105.07
2.
3.
4.
5.
6.