RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  15 April 2008
	DOCKET NUMBER:  AR20070016988 


	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.




Director



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 honorable discharge be changed to a medical discharge due to mental illness.  

2.  The applicant states, in effect, that the military did not screen him for mental illness.  The military did not follow regulations and they turned their backs on his mental unfitness for the convenience of the government.  He states that he suffered from anxiety disorder, depression with Post Traumatic Stress Disorder (PTSD).  His emotions and his inability to function caused him to be abused physically and sexually which destroyed his marriages.  He adds that he joined the United States Army Reserves, but homelessness and circumstances, beyond his control, caused him to be placed in the mental ward in various states.    

3.  The applicant provides no additional documents in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 12 December 1978, the applicant immediately reenlisted in the Regular Army for a period of 4 years, with 2 years, 7 months and 29 days of prior active military service.  He was trained in and awarded military occupational specialty (MOS) 31K (Combat Signaler).  The Highest grade he attained was pay grade 
E-5. 

3.  Excerpts from the applicant’s service medical records show that he was treated for stomach problems, including gastric distress and possible gastritis since approximately January 1979.  The available records also show that he was diagnosed with a hiatal hernia and that during the period from June 1983 to August 1983, the applicant was continuously treated for stomach problems.  

4.  The available records contain DA Forms 2166-6 (Enlisted Evaluation Report) (EER) for the periods from April 1979 to May 1984, that show the applicant was rated as 5 (highest score on a scale of 5 to 0) in all categories under Professional Competence, including “Performs under pressure.”  The applicant was rated as 
5 in all categories under Professional Standards except “Self discipline” where he was rated 4.  The recommendations were “Promote with peers.” 

5.  On 4 December 1984, the applicant requested to be placed on Terminal Leave from 28 January 1985 to 11 March 1985 in conjunction with his separation from active duty.

6.  The applicant’s Report of Medical Examination, conducted on 13 January 1985, does not indicate he was receiving any treatment for a mental disorder.  

7.  On 11 March 1985, the applicant was discharged due to the expiration of his term of service.  He had completed 6 years and 3 months of active service that was characterized as honorable.  The applicant went on to enlist in the U.S Army Reserve (USAR) on 12 March 1985 for a period of 3 years.  On 12 March 1988, he immediately reenlisted for a period of 3 years.

8.  Army Regulation 635-40, paragraph 3-2b(2), provides that when a member is being separated by reasons other than physical disability, his or her continued performance of assigned duty commensurate with his or her rank or grade until he or she is scheduled for separation or retirement creates a presumption that he or she is fit.  This presumption can be overcome only by clear and convincing evidence that he or she was unable to perform his or her duties for a period of time or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

9.  Chapter 3 (Retention Medical Fitness Standards) of Army Regulation 
40-501 (Standards of Medical Fitness), as amended, provides the standards for medical fitness for retention and separation, including retirement.  Soldiers with medical conditions listed in this chapter should be referred for disability processing.  

10.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides that the medical treatment facility commander with the primary care responsibility will evaluate those referred to him and will, if it appears as though the member is not medically qualified to perform duty or fails to meet retention criteria, refer the member to a medical evaluation board.  Those members who do not meet medical retention standards will be referred to a Physical Evaluation Board (PEB) for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition.

11.  PTSD, an anxiety disorder, was recognized as a psychiatric disorder in 1980 with the publishing of the Diagnostic and Statistical Manual of Mental Disorders (DSM), and is described in pages 424 through 429 of the current DSM.  

DISCUSSION AND CONCLUSIONS:

1.  The contentions of the applicant were carefully considered; however, they are not sufficiently mitigating to support granting the requested relief. 

2.  The evidence of record provides no indication that the applicant was ever treated for or suffered from a disqualifying psychological condition while he was on active duty.  Although the applicant has now been diagnosed with PTSD, this specific diagnostic label was given to the applicant more than two decades after he was separated and does not call into question the application of the existing fitness standards that were applied at the time of his discharge.  

3.  The available evidence to include the applicant’s EER’s for the periods 1979-1984 clearly show the applicant was able to perform his prescribed duties in his assigned MOS.  In addition, he went on to enlist and reenlist in the USAR.

4.  The available evidence does not support that the applicant required separation processing through medical channels.

5.  In order to justify correction of a military record the applicant must, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy that requirement.

6.  In view of the foregoing, there is no basis for granting the applicant’s request. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

PHM___    JGH____     __KSJ_    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 for correction of the records of the individual concerned.



          ____P H M.  __
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20070016988



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DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
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