| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. John N. Slone | Chairperson | ||
| Mr. Elzey J. Arledge, Jr. | Member | ||
| Mr. Thomas Lanyi | Member |
APPLICANT REQUESTS: In effect, that his bad conduct discharge be changed to a physical disability discharge.
APPLICANT STATES: That he was suffering from a mental condition and was receiving medication for that condition. He was awaiting a medical discharge when the incident occurred. He still undergoes counseling at the Northeast Guidance Center-Behavioral Health Care Program. He was told that if he stayed out of trouble for at least three years he could have his discharge upgraded. He provides no supporting evidence.
EVIDENCE OF RECORD: The applicant's military records show:
That he enlisted in the Regular Army on 5 February 1970.
On 19 February 1970, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ) for disobeying a lawful order to get in the front leaning rest position. On 24 February 1970, he accepted NJP under Article 15, UCMJ for failing to go to his appointed place of duty and disobeying a lawful order to get out of bed.
The applicant completed basic combat training and advanced individual training and was awarded military occupational specialty 94B (Cook).
On 21 April 1971, the applicant accepted NJP under Article 15, UCMJ for going from his appointed place of duty, disobeying a lawful order, and being disrespectful in language towards his superior noncommissioned officer.
On 29 April 1971, the applicant was convicted by a special court-martial of unlawfully striking an individual on the head with his fist. He was sentenced to be reduced to Private, E-1, to forfeit $60.00 pay for 2 months, and to be confined at hard labor of 60 days.
Following the applicant’s conviction, he was hospitalized for a penicillin overdose. Medical records show that he had been depressed intermittently for several months with crying episodes and that his appetite had been poor. He was diagnosed with situational agitated depression.
Around June 1971, the applicant was hospitalized with a diagnosis of situational anxiety and immature personality. It was recommended he be considered for an unsuitability discharge (Army Regulation 635-212). There is no evidence this discharge was initiated.
On 16 July 1971, the applicant was charged with robbery and placed in pre-trial confinement on 20 July 1971.
On 2 August 1971, the applicant was seen for drug-related problems. He described flashbacks and rushes lasting about 1 to 5 seconds, about one per day. The flashbacks were described as not that bad at present, hospitalization at that time was not recommended, and thorazine was continued.
On 29 November 1971, the applicant was treated after expressing self-destructive ideas. At that time the examining physician did not believe the applicant was psychotic although he was a very emotionally unstable individual who could be difficult to handle. There were suggestions that borderline psychotic qualities could exist, i.e., he claimed to hear noises, voices in the night but then again he realized that those were only thoughts in his head and he did have control and insight over those phenomena. The examining physician did not believe the applicant was psychotic, he believed the applicant could stand trial and cooperate in his own defense.
On 30 November 1971, the applicant was convicted by a general court-martial of robbery. He was sentenced to be confined at hard labor for 9 months, to forfeit $230.00 pay for 9 months, to be reduced to Private, E-1, and to be discharged with a bad conduct discharge.
The applicant was medically evacuated and admitted to Fitzsimons General Hospital, Denver, CO on 13 January 1972 for psychiatric evaluation. A mental examination revealed he was alert and oriented and in no acute distress. He was oriented in all three spheres. His affect was flat and bland but that was felt to be due to the high dosage of thorazine he was on. He had no hallucinations, delusions, or illusions. Upon his discharge on 28 January 1972, he was diagnosed with improper use of LSD, amphetamines, heroin and hashish; acute psychotic reaction, severe, manifested by hallucinations, delusions, and withdrawal secondary to drug usage; and immature personality, chronic, severe, manifested by manipulative behavior, drug overdoses, and emotional instability such as crying. It was recommended he be returned to the stockade to complete his court-martial sentence after which time he should be administratively separated.
The applicant underwent medical evaluation board (MEB) proceedings on 27 April 1972. The Narrative Summary diagnosed the applicant with schizophrenia, schizoaffective type, chronic, severe manifested by inappropriate affect, severe depression, looseness of associations, confused thinking, autistic behaviors, delusions, feelings of inferiority, and inability to tolerate stress. It was found that at the time of the alleged offense, in all probability the applicant was suffering from mental disease, defect or derangement although he was able concerning the particular acts charged to distinguish right from wrong. However, at the time of the offense it was felt he had marked impaired capacity to adhere to the right secondary to his mental disease. It was felt that he did understand the charges against him and was able to participate adequately in his appellate defense. He was found to be medically unfit for the above diagnoses and it was recommended he be processed out of the service medically.
On 5 July 1972, the unexecuted portion of the applicant’s sentence to confinement was remitted. On 12 July 1972, he was restored to duty and placed on excess leave pending completion of the appellate review. On 21 July 1972, the findings of guilty and the sentence were affirmed.
On 27 September 1972, the applicant was discharged with a bad conduct discharge pursuant to his sentence by court-martial.
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. In pertinent part, it states that a soldier may not be referred for, or continue, disability processing if under sentence of dismissal or punitive discharge.
The U. S. Army does not have, nor has it ever had, a policy to automatically upgrade discharges. Each case is decided on its own merits when an applicant requests a change in discharge. Changes may be warranted if the Board determines that the characterization of service or the reason for discharge or both were improper or inequitable. The Defense Discharge Review Standards specifically stated that no factors should be established which would require automatic change or denial of a change in discharge.
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 Board is cognizant that the applicant was suffering from a mental condition and was receiving medication for that condition at the time he separated. However, all psychiatric examinations determined that he was able to distinguish right from wrong. In addition, because he was under sentence of a punitive discharge, he was not eligible to be referred for disability processing. The MEB which considered his case considered it in error.
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
__JNS__ __EJA__ __TL___ DENY APPLICATION
| CASE ID | AR2002071494 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/06/25 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001058351C070421
The applicant requests correction of military records as stated in the application to the Board and as restated herein. It was recommended he be returned to duty since his mental condition had improved and he had only two years before retirement. 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.
ARMY | BCMR | CY2014 | 20140006730
On 11 November 1971, the PEB, with no indication of reference to either the NARSUM or the MEB changed his diagnosis to "slight," reduced his rating to 10%, found him unfit and recommended separation with severance pay. Section 1201 provides, "Determination [that a service member is unfit for duty because of a physical disability] are determined by the Secretary that the disability is at least 30% under the standard schedule of rating disabilities in use by the VA at the time of the...
ARMY | BCMR | CY2005 | 20050009568C070206
The applicant requests that his administrative discharge be changed to a medical separation. Counsel states the applicant's medical records show no psychiatric complaints until shortly before his expiration term of service (ETS) during his first enlistment. diagnosed him with Schizoid Personality manifested by social isolation and withdrawn behavior and recommended discharge under chapter 13 [Army Regulation 635-200] as unsuitable because of a character and behavior disorder.
AF | PDBR | CY2009 | PD2009-00723
The Medical Board recommends that this member's case be referred to the Central Physical Evaluation Board.” There was a final military treatment note on 25 May 2007, one week before separation, noting that the CI felt better than any time in the last year, with no hallucinations or other signs of psychosis. The Board additionally noted that the diagnosis of schizoaffective disorder was made prior to military discharge, and that the NARSUM psychiatric examiner stated, “The patient is unfit...
AF | PDBR | CY2013 | PD-2013-01338
On admission the CI reported worsening depression and anxiety symptoms, auditory hallucinations of people calling her name and anger episodes involving hurting herself, though she denied SI or homicidal ideation (HI). BOARD FINDINGS : IAW DoDI 6040.44, provisions of DoD or Military Department regulations or guidelines relied upon by the PEB will not be considered by the Board to the extent they were inconsistent with the VASRD in effect at the time of the adjudication.The Board did not...
ARMY | BCMR | CY2009 | 20090004618
IN THE CASE OF: BOARD DATE: 27 August 2009 DOCKET NUMBER: AR20090004618 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. He states that he spent 3 months trying to get his mental state of mind to a healthy state and that he was subsequently sent to Letterman General Hospital in San Francisco, California. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records...
ARMY | BCMR | CY2012 | 20120009003
The military physician determined he was medically unfit according to Army Regulation 40-501 (Standards of Medical Fitness) and recommended entering him into the physical disability evaluation system (PDES). He was rated under the VA Schedule for Rating Disabilities (VASRD) codes 9299 and 9210 and granted a zero-percent (0%) disability rating. Here, the PEB did so and rated his condition 0% disabling.
ARMY | BCMR | CY2006 | 20060002334C070205
There is no medical evidence, and the applicant did not provide any, that showed he was medically unfit and required physical disability processing. No medical evidence has been presented by the applicant to demonstrate an injustice in the medical treatment received in service. Consequently, there is no basis for granting the applicant's request to correct his records to show that he was discharged for medical reasons.
AF | PDBR | CY2013 | PD-2013-01950
The Board’s assessment of the PEB rating determinations is confined to review of medical records and all available evidence for application of the Veterans Affairs Schedule for Rating Disabilities (VASRD) standards to the unfitting medical condition at the time of separation. He indicated he had been hospitalized for suicidal ideations and gestures to include a deliberate overdose. The plan was for the CI to follow his self-care plan, be released to his First Sergeant, be separated that...
AF | PDBR | CY2010 | PD2010-00576
The VA rating decision on 9 August 2002 (two months post-separation) service connected schizophrenia, code 9204, with a 50% rating. As a result of his impairment, the Board considered ratings of 30% to 100%. RECOMMENDATION : The Board recommends that the CI’s prior determination be modified as follows and that the discharge with severance pay be recharacterized to reflect permanent disability retirement, effective as of the date of his prior medical separation.