MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 16 October 2001
         DOCKET NUMBER: AR2001058351

         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. Raymond V. O’Connor, Jr.		Chairperson
Ms. Regan K. Smith		Member
Mr. Donald P. Hupman, Jr.		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 his length of service retirement be changed to a medical retirement.

APPLICANT STATES: That a medical board that was to be conducted was never held. He had a long history of psychiatric problems.

COUNSEL CONTENDS: Counsel makes no contention.

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

After having had several periods of prior active service, he reenlisted in the Regular Army on 11 September 1958.

On 1 December 1966, the applicant was admitted to Martin Army Hospital, Fort Benning, GA for psychiatric evaluation because of a possible psychotic illness. He was not placed on medication as there was some question initially as to whether or not he was a psychopath or was psychotic. It was felt he was a combination of both. He was diagnosed with a schizophrenic reaction, paranoid type with antisocial features and it was recommended he be evacuated to a psychiatric treatment center.

On 17 December 1966, the applicant was admitted to Walter Reed General Hospital. Shortly after admission he became greatly agitated and his dosage of thorazine was increased. He responded well to the medication. On 28 December 1966, he was given a pass but on 10 January 1967 he was involved in some misconduct and returned to the closed ward. Thereafter he responded well to his phenothiazine therapy and on 30 January 1967 he was transferred to the open ward. After nine weeks’ observation it was felt that he would be capable of functioning in his military occupational specialty (cook) and he was returned for a trial of duty and reevaluation in three months. He was discharged from the hospital on 21 February 1967.

On 27 February 1967, the applicant was admitted to Walter Reed General Hospital for depression and thoughts about not desiring to live any longer. He was diagnosed with adult situational reaction, moderate, severe. It was the staff’s opinion that his condition represented a character behavior disorder, that he was not insane, that he possessed the mental capacity to distinguish right from wrong, and that he was mentally responsible for his acts. The examiner opined that the applicant should be strongly urged to correct the maladies of his marital situation or submit a request for separation from the military. He was discharged from the hospital on 9 March 1967.

On 3 April 1967, the applicant was admitted to the U. S. Army Hospital, Fort
Campbell, KY for a complaint of depression but no suicidal ideation. A mental status examination noted no gross thinking disorder, no paranoia, and clear sensorium. The main problem seemed to be his unhappiness at being at Fort Campbell where his wife could not be with him. He was diagnosed with adult situation reaction, moderate. It was noted that he seemed to have a well-documented psychotic episode in late 1966; however, there were no indications of any psychotic break with reality during this hospitalization. It was recommended he be returned to full duty and he was discharged on 10 May 1967.

On 20 June 1968, the applicant was promoted to Sergeant First Class, E-7.

On 20 January 1969, the applicant was admitted to the 8th Field Hospital, Vietnam for a complaint of paranoid feelings. He was diagnosed with manic depressive reaction, recurrent, acute manic state and he was medically evacuated.

On 3 February 1969, the applicant was admitted to Fitzsimons General Hospital, Denver, CO. Following admission he was aggressive, extroverted, quite depressed and showed sudden oscillation of emotions. He was started on thorazine, with his dosage being increased on 11 February 1969. He then improved rapidly. He did well on ward activities and began working in the Mess Hall and did very well. There were no delusions or hallucinations. He requested many times to return to duty. He was diagnosed with manic depressive reaction, chronic, moderate. It was recommended he be returned to duty since his mental condition had improved and he had only two years before retirement. It was recommended he be seen by a psychiatrist on an outpatient basis and that he not be assigned to an overseas area or to an area where outpatient psychiatric treatment was not available.

It appears the applicant was hospitalized at Walter Reed General Hospital from 14 April – 9 August 1971 with a diagnosis of schizophrenia, paranoid type, chronic. He was discharged to duty. He was reassigned to Germany and arrived on or about 17 September 1971.

The applicant’s enlisted efficiency report (EER) for the period May – October 1971 shows that he was rated as “outstanding” in all characteristics to include duty performance. (There is considerable overlap with his previous hospitalization period. The EER form at this time did not account for nonrated time during a rating period.)

The applicant applied for an overseas retirement separation in Germany.

A Clinical Record Consultation sheet, SF 513, dated 20 April 1972 indicates that a Physical Evaluation Board (PEB) would be set up if his European retirement was approved. If it was not approved, he would be medically evacuated to the States for Medical Board proceedings.
The applicant’s Enlisted Qualification Record, DA Form 20, item 17 shows that his last physical examination was on 20 May 1972 and he did not have a profile under the “S” (psychiatric). His physical status at that time was 111211.

The applicant’s EER for the period November 1971 – October 1972 shows that he was rated as “outstanding” in all characteristics to include duty performance. Comments included “By his constant strive (sic) for excellence ___ raised the Dining facility to a peak of excellence which was noted by the last IG inspection.”

On 1 November 1972, the applicant retired for length of service in Germany after completing over 21 years of creditable active service.

On 1 December 1972, the applicant was committed to the closed ward of the psychiatric department of the U. S. Army Hospital Landstuhl, Germany. He was diagnosed with paranoid schizophrenia, chronic. He was discharged on 10 December 1972 after his reality testing improved and his delusional system decreased but had intermittent out-patient follow-up.

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. It states that the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the soldier reasonably may be expected to perform because of his or her office, grade, or rank. It states 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. When a soldier is being processed for separation or retirement for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the soldier is scheduled for separation or retirement, creates a presumption that a soldier is fit. Application of the rule does not mandate a finding of fit. The presumption is rebuttable and is overcome when the preponderance of evidence establishes the soldier was physically unable to perform adequately the duties of his or her office, grade or rank.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, is concluded:

1. The Board acknowledges that the applicant had a history of psychiatric problems. However, the evidence shows that he did not overcome the Presumption of Fitness rule. His EERs show that he was capable of performing his duties for over a year prior to his length of service retirement. The Board notes that his DA Form 20 showed that his last physical examination was on 20 May 1972 and he did not have a physical profile for his psychiatric problems at that time. The Board presumes this is the reason his Physical Evaluation Board was never held.

2. 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

__rvo___ __rks___ __dph___ DENY APPLICATION

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

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INDEX

CASE ID	AR2001058351
SUFFIX
RECON
DATE BOARDED	20011016
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	108.00
2.
3.
4.
5.
6.