RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  26 April 2007
	DOCKET NUMBER:  AR20060012986 


	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.


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The following members, a quorum, were present:


Mr. William Powers

Chairperson

Mr. William Crain

Member

Mr. Dale DeBruler

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 reconsideration of his earlier request to change his honorable discharge to a medical discharge due to Post Traumatic Stress Disorder (PTSD).

2.  The applicant states, in effect, that he followed the procedures for reconsideration in accordance with Army Regulation 15-185.  He states he submitted three Special Neuropsychiatric Examinations and a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), but this evidence was never presented to the Board for consideration.  

3.  The applicant provides a copy of a letter from the Army Board for Correction of Military Records (ABCMR), dated 2 August 2006; his previous letter of reconsideration, dated 12 October 2005; Special Neuropsychiatric Examinations; his DD Form 214; and ABCMR Record of Proceedings, dated 20 September 2005.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the ABCMR in Docket Number AR20040009508, on 20 September 2005.

2.  The applicant has provided new evidence that will be considered by the Board.

3.  The applicant enlisted in the Regular Army on 3 March 1967 for a period of three years.  He completed basic and advanced individual training and was awarded military occupational specialty (MOS) 70A (Clerk).  

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he completed on-the-job training as a door gunner and was awarded MOS 67A.  He also completed on-the-job training as a scout observer and was awarded MOS 11D.  

5.  The applicant was assigned to Vietnam on 21 July 1968 as a door gunner.

6.  He was promoted to staff sergeant on 18 July 1969.

7.  The applicant departed Vietnam on 20 August 1969 and was reassigned to Fort Knox, Kentucky in principal duty position of drill sergeant.
8.  The applicant underwent a separation physical examination on 6 February 1970.  His Report of Medical Examination (Standard Form 88) shows he was evaluated as normal in all of the clinical areas except identifying body marks, scars, or tattoos.  He was given an 111111 physical profile and a physical category of A, which indicates he was in good health.  The applicant was medically cleared for separation and the report was signed by the examining physician.

9.  On 2 March 1970, the applicant was honorably released from active duty by reason of expiration of term of service.  He completed 3 years of active military service and was awarded the Purple Heart (First Oak Leaf Cluster), the Air Medal with Numeral “8,” the Army Commendation Medal (First Oak Leaf Cluster) with 
“V” Device, the National Defense Service Medal, the Vietnam Service Medal with four bronze service stars, the Republic of Vietnam Campaign Medal with 1960 Device, the Combat Infantryman Badge, the Parachutist Badge, the Aircraft Crewmember Badge, the Expert Marksmanship Qualification Badge with Rifle Bar, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Gallantry Cross with bronze star.

10.  The applicant provided a copy of a Special Neurosychiatric Examination, dated 2 February 1975.  The neuropsychiatrist diagnosed the applicant having grand mal seizures and temporal lobe seizures (psychomotor epilepsy) and anxiety neurosis, chronic, moderate, in an emotionally labile personality.  The neuropsychiatrist stated that the diagnoses were associated with shrapnel wounds to the applicant’s left temple.  It was not known whether the shrapnel penetrated the skull as no x-rays were available.  

11.  The applicant provided a Final Medical Summary from the Veterans Administration Hospital in Cleveland, Ohio, dated 21 March 1975, which shows he was admitted to the hospital on 14 January 1975 after he unknowingly attacked his wife on two occasions and for evaluation of his “seizure disorder.” The applicant was described as a married, 25-year-old white male with a ten percent service connected disability for superficial shrapnel head injury sustained in Vietnam in 1968.  The summary indicated the applicant had passive aggressive personality disorder with poor impulse control with the tendency to act out.

12.  The applicant provided a second Special Neurosychiatric Examination, dated 29 September 1975.  He was diagnosed as having dissociative neurosis with amnesia and probable seizures, grand mal type.  The neuropsychiatrist commented that there was a probability the applicant had epilepsy and a psychiatric condition, which was diagnosed as dissociative characterized by amnesia spells.  The neuropsychiatrist could not confirm whether the applicant’s psychiatric or neurological conditions were the results of the service-connected head injury. 

13.  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.  When a Soldier is being processed for separation or retirement for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the Soldier is scheduled for separation or retirement, creates a presumption that a Soldier is fit.  Application of the rule does not mandate a finding of fit.  The presumption is rebuttable and is overcome when the preponderance of evidence establishes the Soldier was physically unable to perform adequately the duties of his or her office, grade or rank.

14.  Chapter 7 (Physical Profiling) of Army Regulation 40-501 (Standards of Medical Fitness) provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing and if reclassification action is warranted.  Four numerical designations (1-4) 
are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, 
H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.  Numerical designators "2" and "3" indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty.  The individual should receive assignments commensurate with his or her functional capacity.  

DISCUSSION AND CONCLUSIONS:

1.  The Special Neuropsychiatric Examinations provided by the applicant were prepared subsequent to his service on active duty.  He was diagnosed as having grand mal seizures and temporal lobe seizures (psychomotor epilepsy) and anxiety neurosis on 2 February 1975.  On 29 September 1975, he was diagnosed as having dissociative neurosis with amnesia and probable seizures, grand mal type.  It was not determined at that time whether the applicant’s psychiatric or neurological conditions were the results of his service-connected head injury.

2.  The evidence of record shows that prior to the applicant's separation in March 1970, competent medical authority determined that he was then medically qualified for separation with a physical profile of 111111.  There is no evidence which indicates his military career was ended due to medical unfitness.  Accordingly, he was separated from active duty at his expiration of term of service.  

3.  The applicant has failed to show through the evidence submitted or the evidence of record that the narrative reason for separation issued to him was in error or unjust.  Therefore, there is no basis for granting his request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

x_____ x______x_____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of the ABCMR set forth in Docket Number AR20040009508, dated 20 September 2005.




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          CHAIRPERSON




INDEX

CASE ID
AR20060012986
SUFFIX

RECON
10050920
DATE BOARDED
20070427
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19700302
DISCHARGE AUTHORITY
AR635-200
DISCHARGE REASON
Expiration of term of service
BOARD DECISION
DENY
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
110.0200
2.

3.

4.

5.

6.