RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060005802


      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             |
|     |Mr. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 medical records be
corrected to show that he suffered from mental illness while in the
service.

2.  The applicant states, in effect, that a Captain N____ thought that the
applicant’s behavior indicated mental disturbance in the form of “bipolar
activity, PTSD, mental hygiene suggesting hypochondria [and] a psychotic
disorder.”  He also states that he was attacked by three armed men and
received several blows to the temporal areas which suggests that dementia
due to head trauma was the cause of his chronic adjustment disorder and
psychosis.

3.  The applicant provides a handwritten description of how he believes the
Department of Veterans Affairs (VA) should have rated his alleged
conditions, a 20 March 2006 letter from the VA, and other correspondence
and documents concerning his appeals to the VA.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 July 1976, the date of the discharge.  The application
submitted in this case is dated 12 April 2005, but it was received on 25
April 2006.

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 and entered active duty on 27 June 1974.  He was
advanced to pay grade E-3 in August 1975.  After several instances of
misconduct, including nonjudicial punishment under Article 15, Uniform Code
of Military Justice and negative counseling statements, he was processed
and approved for elimination.  He was separated with an under honorable
conditions discharge on 29 July 1976.
4.  On 10 November 1980 the Army Discharge Review Board upgraded the
discharge to a general discharge under honorable conditions, but did not
change the reason or authority.

5.  There are no service medical records associated with the available
records.  Among the documents submitted by the applicant and to which he
apparently refers is a 3 June 1978 consultation referral to Mental Hygiene
which states that the applicant had over 20 visits to the outpatient clinic
in the past 2 months.  He had missed clinic appointments, but had recently
been evaluated for chest pain with an electrocardiogram, chest x-ray, and
“etc.”  The referring physician asked that the applicant be evaluated on a
routine basis for hypochondriasis.

6.  The MedLine Plus medical dictionary defines hypochondriasis as extreme
depression of mind or spirits often centered on imaginary physical
ailments.  MedLine Plus is an online medical reference service provided as
a joint venture by the United States National Library of Medicine and the
National Institutes of Health.

7.  Title 38, United States Code, sections 310 and 331, permits the VA to
award compensation for a medical condition which was incurred in or
aggravated by active military service. 

DISCUSSION AND CONCLUSIONS:

1.  There is no convincing evidence that the applicant suffered from any
mental illness or psychotic condition.  The mere referral to evaluate the
applicant for hypochondria does not indicate that he had a psychotic
disorder or any other mental illness.

2.  The VA, in accordance with its own policies and regulations, awards
compensation solely on the basis that a medical condition exists and that
said medical condition reduces or impairs the social or industrial
adaptability of the individual concerned.  Consequently, due to the two
concepts involved, an individual's medical condition, although not
considered medically unfitting for military service at the time of
processing for separation, discharge or retirement, may be sufficient to
qualify the individual for VA benefits based on an evaluation by that
agency.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 July 1976; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 28 July 1979.   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______  _phm_  __dws ___  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                 |AR20060005802                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |145.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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