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ARMY | BCMR | CY2002 | 2002076093C070215
Original file (2002076093C070215.rtf) Auto-classification: Denied

MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 17 October 2002
         DOCKET NUMBER: AR2002076093

         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
Ms. Nancy L. Amos Analyst


The following members, a quorum, were present:

Ms. JoAnn H. Langston Chairperson
Ms. Margaret V. Thompson Member
Mr. Richard T. Dunbar 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 line of duty finding be changed to in line of duty - yes.

APPLICANT STATES: That his medical records contain contradictory entries. He provides a copy of his service medical records and his Report of Separation, DD Form 214, as supporting evidence.

EVIDENCE OF RECORD: The applicant's military records were lost or destroyed in the National Personnel Records Center fire in 1973. Information contained herein was obtained from alternate sources.

The applicant was inducted into the Army on 31 January 1952.

On 17 September 1952, the applicant was hospitalized because of marked confusion followed by collapse and a stuporous state. He had been in Europe only three weeks and his unit was on maneuvers when this incident occurred. He was initially diagnosed with hysteria. A Disposition Board Proceedings for Officers (amended to change "Officers" to read "EM"), WD AGO Form 8-118, dated 15 October 1952 shows he was diagnosed with schizophrenic reaction with a line of duty determination of in line of duty - yes. On 24 October 1952, he was transferred to a zone of the interior hospital for further management. A Clinical Record Cover Sheet, DD Form 481, date of disposition 24 October 1952, shows that the diagnosis of hysteria was not concurred in and his transfer diagnosis was changed to schizophrenic reaction. A DD Form 481, date of disposition 1 November 1952, shows his diagnosis of schizophrenic reaction was determined to be in line of duty - yes. He was medically evacuated to the U. S. Army Hospital, Camp Pickett, VA.

A Clinical Record Brief, WD MD Form 55A, date of admission 4 November 1952, shows that the diagnosis of schizophrenic reaction was not concurred in and was replaced with a diagnosis of schizoid personality. A Clinical Record Diagnostic Summary, SF 501, dated 29 December 1952 shows the applicant was diagnosed with schizoid personality with a line of duty determination of in line of duty - no, existed prior to service (EPTS).

A Clinical Record Narrative Summary, SF 502, dated 29 December 1952 noted that the applicant suffered from many terrifying nightmares in childhood. He bit his fingernails, which continued to the present. During his school years he was socially seclusive. Before entering the Army he had various odd jobs, not staying at any one for a considerable length of time. He was hospitalized on 17 September 1952 after developing dizziness, headache, and complaints of


feeling confused. After he was admitted, he kept to himself. The applicant noted that he had that type of trouble all his life, namely, feeling ill at ease with people and having a great deal of difficulty communicating with them. The dizziness and headaches that he had on admission to the hospital in Germany were a repetition
of complaints that he had had in episodes throughout his life whenever he found himself in a situation that he did not like. The applicant's father visited shortly after the applicant was hospitalized at Camp Picket, VA and stated that the applicant's present condition was essentially unchanged from the way the applicant had been all his life.

A Psychiatry and Neurology Service certificate dated 29 December 1952 found that the applicant's diagnosis of schizoid personality was not disabling and there were no disqualifying mental or physical defects sufficient to warrant a physical disability discharge.

On 31 January 1953, the applicant was discharged for unsuitability after completing 1 year and 1 day of creditable active 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. 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 finds no reason to change any of the line of duty determinations concerning the applicant's condition as there appear to be no contradictory entries. It appears the initial determination of in line of duty - yes was proper considering the first two diagnoses of hysteria and schizophrenic reaction, diagnoses presumably made because they appeared to be related to his being in the field. However, his diagnosis was changed as a result of a more comprehensive evaluation after his medical evacuation to a Stateside hospital. That evaluation determined that the applicant had had similar episodes throughout his life whenever he found himself in a situation that he did not like. Therefore, it appears that changing the line of duty determination to in line of duty - no, EPTS was entirely appropriate.

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

__JHL__ __MVT__ ___RTD__ DENY APPLICATION



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




INDEX

CASE ID AR2002076093
SUFFIX
RECON
DATE BOARDED 2002/10/17
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 122.00
2.
3.
4.
5.
6.



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