MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 5 March 2002
         DOCKET NUMBER: AR2001064944

         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. Fred N. Eichorn		Chairperson
Mr. Thomas B. Redfern, III		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)

---

APPLICANT REQUESTS: That his disability rating be increased from 30 percent to 100 percent.

APPLICANT STATES: That his leg condition and his mental condition were not considered. He provides no supporting evidence.

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

He enlisted in the Regular Army on 6 March 1986 for 3 years. He completed basic training and advanced individual training and was awarded military occupational specialty 19D (Cavalry Scout). He was assigned to Germany.

On 26 September 1986, the applicant was treated for left foot pain after jumping off a tracked vehicle. X-rays revealed no acute bone changes.

In November 1986, the applicant injured his left wrist while loading missiles onto a Bradley Fighting Vehicle. The injury was initially diagnosed as a sprain. In January 1987, the diagnosis was changed to a perilunate dislocation. In July 1987, he underwent an open reduction operation that was aborted without success after 6 hours. In August 1987, he underwent a scaphoid-trapezium-trapezoid (STT) fusion in a German hospital. In October 1988, he was reassigned to the Casual Detachment, Transition Processing Company, Fort Dix, NJ. He received therapy for his wrist injury through the Occupational Therapy Section at Walson Army Community Hospital, Fort Dix, NJ. In January 1989, he was reassigned to the Medical Holding Company, Walter Reed Army Medical Center (WRAMC), Washington, D.C. At WRAMC, he underwent a series of medical procedures and evaluations that caused his 5 March 1989 expiration term of service date to be extended several times.

On 6 September 1989, the applicant received treatment in the WRAMC emergency room for cocaine use-related problems (nervousness, irritability, and not being able to think clearly). It was noted on his Emergency Care and Treatment sheet that he had been an inpatient on the psychiatric ward twice in August 1989 for detoxification and was awaiting a medical evaluation board (MEB) for left wrist trauma.

An undated memorandum signed by the Orthopaedic Department secretary noted that the applicant had called a doctor to extend his leave due to the problem he was having with his left knee.

The applicant went before an MEB in May 1990. The Narrative Summary noted that his chief complaint was a non-union, left STT fusion of the left wrist. He was diagnosed with a failed STT fusion of the left wrist. An addendum dated 25 May 1990 further diagnosed him with radial carpal arthritis of the left wrist. The applicant was referred to a physical evaluation board (PEB) for diagnoses of failed STT fusion of the left wrist and radial carpal arthritis. On 3 July 1990, the applicant agreed with the MEB’s findings and recommendation.

Sometime in the March – May 1990 time frame, the applicant’s chain of command initiated action to separate him under the provisions of Army Regulation 635-200, chapter 14 for misconduct. The initial basis for this action was the applicant’s being absent without leave (AWOL) from 14 – 28 July 1989; however, the applicant added to the misconduct charges by receiving nonjudicial punishment under Article 15, Uniform Code of Military Justice on 30 May 1990 for failing to go to his place of duty and disobeying a lawful order and on 19 July 1990 for failing to obey written instructions. He also received several negative counseling statements.

On 3 July 1990, a further addendum referenced a psychiatric addendum dated 1 August 1989, which is not available. This addendum noted that the applicant had undergone a sanity board in January 1990 which rendered essentially the same psychiatric diagnoses with the addition of an adjustment disorder based on his reaction to confinement. This addendum noted that the MEB diagnoses for psychiatry were unchanged and were as follows: cocaine dependence; personality disorder with antisocial, narcissistic and passive-aggressive traits manifested by extremely immature antisocial behavior, frequent absences without leave, unstable and exploitive personal relationships, lack of empathy, and avoidance of obligations; fracture of the left wrist; status post left orchiectomy as a child, stable; and psychosocial stressors, moderate, with orthopedic MEB in process and past confinement.

On 6 July 1990, the applicant nonconcurred with the psychiatric MEB addendum.
He stated that he was previously diagnosed in August 1989 as being manic depressive. This addendum did not note his manic depressive condition.

On 4 August 1990, an informal PEB found the applicant to be unfit for duty with a 30 percent disability rating for an unknown condition. This PEB is not available and apparently it was not formalized.

The applicant was recommended for an Army Achievement Medal for the period 18 May – 15 August 1990 for exceptional achievement as a patient transport specialist (the wheel chair coordinator for the first floor lobby, WRAMC). The recommendation noted that his quick response to emergency situations proved invaluable to mission accomplishment. The recommendation was disapproved due to his being flagged at the time.

The chapter 14 separation action was finally processed in January 1991 when a board of officers recommended the applicant be separated with a general discharge. That recommendation was not approved.

A new action to separate the applicant under the provisions of Army Regulation 635-200, chapter 9, drug abuse rehabilitation failure, was initiated on or about 14 January 1991. There is no record that this action was ever completed.

An unsigned letter dated 21 March 1991 (apparently missing follow-on pages) from a civilian psychiatrist restated what Army psychiatric examinations involving the applicant found. A 5 April 1991 letter from the same psychiatrist noted that the applicant had mood fluctuations, trouble getting to sleep at night, and feelings of some racing thoughts and trouble concentrating on his work. He also had periods of feeling depressed. He was placed on medication. The civilian psychiatrist diagnosed him with cyclothymic personality with mood fluctuations including elation and depression. An unsigned, undated note indicated the applicant was on an antidepressant medication for problems with sleep.

On 22 March 1991, the applicant was convicted by a special court-martial of being AWOL and wrongfully using cocaine. He was sentenced to a bad conduct discharge. On 27 November 1991, the U. S. Army Court of Military Review affirmed the findings and the sentence.

On 9 October 1992, the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial.

Around 1997, the Social Security Administration (SSA) determined the applicant continued to be entitled to Disability and Disability Insurance Benefits due to his inability to engage in any substantial gainful activity. The SSA diagnosed him with paranoid schizophrenia and other psychotic disorders (delusions or hallucinations and incoherence, loosening of associations, illogoical thinking, or poverty of content of speech associated with blunt affect. It also diagnosed him with bipolar syndrome with a history of episodic periods manifested by the full symptomatic picture of both manic and depressive syndromes. The SSA noted that there was sufficient and appropriate medical evidence to establish that he suffered from substance abuse.

The applicant applied to the Board to upgrade his bad conduct discharge and to change the reason for his discharge to a medical disability separation. On 1 March 2000, the Board recommended his discharge be upgraded to a general discharge. In addition, the applicant was granted the right to a formal hearing to press his request for a disability discharge.

A formal Board hearing was held on 21 February 2001. The approved Board recommendations were to upgrade the applicant’s discharge to fully honorable and to grant him a 30 percent disability rating and permanent disability retirement based upon the 4 August 1990 PEB findings under the VASRD code 5214, ankylosis of the wrist.

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 VASRD is the standard under which percentage rating decisions are to be made for disabled military personnel. The VASRD is primarily used as a guide for evaluating disabilities resulting from all types of diseases and injuries encountered as a result of, or incident to, military service. Unlike the VA, the Army must first determine whether or not a soldier is fit to reasonably perform the duties of his office, grade, rank or rating. Once a soldier is determined to be physically unfit for further military service, percentage ratings are applied to the unfitting conditions from the VASRD.

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. Any disability determination by the SSA does not necessarily demonstrate an error or injustice in the Army rating. The SSA operates under its own policies and regulations and is not required by law to determine medical unfitness for further military service in awarding a disability.

3. There is no evidence to show that the applicant was unfit to perform his duties due to a leg condition. He had initially concurred in the MEB’s diagnoses of failed STT fusion of the left wrist and radial carpal arthritis. His later rebuttal was only to the psychiatric addendum’s failure to note his previous manic-depressive diagnosis. Regarding his mental condition, the Board notes that he was fit enough to perform the temporary duties given him while a patient at WRAMC to earn him a recommendation for the Army Achievement Medal. There is no evidence to show that he was unable to perform his MOS-related duties due to any mental condition.

4. 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

__fne___ __tbr___ __dph___ DENY APPLICATION

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

---

INDEX

CASE ID	AR2001064944
SUFFIX
RECON
DATE BOARDED	20020305
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	108.00
2.
3.
4.
5.
6.