RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20060000978


      I certify that hereinafter is recorded the true and complete record
of the proceedings 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 L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his disability separation
without benefits be changed to a medical discharge with benefits.

2.  The applicant states that he was discharged from the Army directly from
Eisenhower Army Medical Center in Georgia.  He is being denied compensation
from the Department of Veterans Affairs.  A medical discharge will help him
with his appeal.

3.  The applicant provides a document, in Spanish, awarding him Social
Security Benefits.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 13 October 1979.  The original application submitted in
this case was dated 10 May 2005.

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for
correction of military records must be filed within 3 years after discovery
of the alleged error or injustice.  This provision of law allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 13 October 1979.  He
completed basic training and advanced individual training and was awarded
military occupational specialty 36C (Wire Systems Installer/Operator).

4.  On 13 December 1978, the applicant was admitted to the inpatient
service at Eisenhower Army Medical Center, Fort Gordon, GA.  The Medical
Evaluation Board (MEB) Narrative Summary noted that the applicant indicated
he had a nervous breakdown in 1967 which required six months of
hospitalization.  He was treated with electroshock therapy and Thorazine.
He was re-hospitalized at least three times for periods of one to four
months for subsequent decompensations requiring neuroleptic therapy.  He
was diagnosed with schizophrenia, undifferentiated type, chronic, severe,
and unimproved.

5.  On 19 January 1979, the MEB referred the applicant to a Physical
Evaluation Board (PEB).  The Narrative Summary indicated that the applicant
was found to be not mentally competent for pay purposes and not to have the
capacity to understand the nature of, or to cooperate in PEB proceedings.
However, the Medical Board Proceedings indicated he was mentally competent
for pay purposes and to have the capacity to understand the nature of, and
to cooperate in, PEB proceedings.

6.  On 1 August 1979, an informal PEB found the applicant to be physically
unfit for continue military service by reason of schizophrenia which
existed prior to service (EPTS) and which had not been aggravated by
service.  The PEB found that his current condition was the result of
natural progression of the disease, which was subject to remissions and
exacerbations.  The PEB recommended he be separated without disability
benefits.  The applicant failed to respond to the findings of the PEB.

7.  On 15 October 1979, the applicant was honorably discharged due to
physical disability without severance pay.

8.  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 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.
 Under the laws governing the Army Physical Disability Evaluation system,
Soldiers who sustain or aggravate physically unfitting disabilities must
meet several line of duty criteria to be eligible to receive retirement and
severance pay benefits.  One of the criteria is that the disability must
have been incurred or aggravated while the Soldier was entitled to basic
pay or was the proximate result of performing active duty or inactive duty
training.

9.  Title 38, U. S. Code, sections 310 and 331, permits the Department of
Veterans Affairs to award compensation for a medical condition which was
incurred in or aggravated by active military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he needs his records corrected so he
may become entitled to Department of Veterans Affairs benefits has been
considered; however, the evidence of record shows that his medical
condition existed prior to his entry into the Army.  There is insufficient
evidence to show that his condition was permanently aggravated while he was
in the Army.  Regrettably, therefore, there is insufficient evidence which
would warrant granting the relief requested.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 October 1979; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         14 October 1982.  The applicant did not file
within the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__lds___  __jtm___  __jlp___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000978                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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