IN THE CASE OF:	

		BOARD DATE:	  27 January 2009

		DOCKET NUMBER:  AR20080016694 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his discharge with severance pay in 1970 be changed to medical retirement.

2.  The applicant states that he was on the Temporary Disability Retired List (TDRL) for several months and should have been medically retired with a 30 percent disability rating.  He states he needs a review of his case "in light of current Congressional interest."

3.  The applicant provides no additional evidence or official documentation 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.  The applicant's military personnel records show he enlisted in the Regular Army on 30 October 1967 for a period of 3 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty of 36G (Manual Central Office Repairman).

3.  On 18 June 1970, a Medical Evaluation Board (MEBD) found the applicant did not meet medical standards for retention based on the diagnosis schizophrenic reaction, paranoid type.  The MEBD recommended that the applicant be referred to a Physical Evaluation Board (PEB).  On 25 June 1970, the applicant agreed with the MEBD's findings and recommendation.
  
4.  On 26 June 1970, an informal PEB found the applicant to be unfit to perform the duties of his rank or grade due to schizophrenic reaction, paranoid type.  The PEB recommended the applicant be placed on the TDRL with a disability rating of 30 percent with reexamination during July 1971.  The applicant concurred with the findings and recommendation of the PEB and waived a formal hearing of his case.

5.  On 10 August 1970, the applicant was released from active duty and placed on the TDRL with a 30 percent disability rating.  He had completed 2 years, 
9 months, and 11 days of active service that was characterized as honorable.

6.  On 14 July 1971, the applicant was reexamined.  In the Narrative Summary, the examiner stated the applicant himself felt he had fully recovered but he did proceed cautiously in new endeavors to avoid any undue strain.  The examiner stated the applicant did not want to return to active duty.  The examiner stated the applicant's schizophrenic reaction, paranoid type, was in complete remission and the recommendation was that he be removed from the TDRL and permanently medically discharged from the military service.

7.  On 23 July 1971, a MEBD found the applicant did not meet medical standards for retention for schizophrenic reaction, paranoid type.  The MEBD recommended the applicant be permanently medically discharged from military service.  

8.  In a statement, dated 26 July 1971, the applicant indicated that he had been informed of the findings and recommendation of the MEBD and he concurred with the MEBD's action.

9.  On 11 August 1971, an informal PEB found the applicant's schizophrenic reaction, paranoid type to be in full remission.  The PEB found the applicant to be unfit for military service.  The PEB recommended a combined rating of zero percent and that the applicant be separated from the service with severance pay.
10.  A letter, dated 1 September 1971, from the PEB indicates the applicant received the findings and recommendations of the PEB on 13 August 1971.  As of the date of the letter the applicant had failed to make an election concerning his concurrence and his right to a formal hearing.  The PEB stated that based on this failure it was deemed the applicant had effectively waived his right to a formal hearing.

11.  The applicant was removed from the TDRL and discharged with severance pay effective 31 October 1971.  He was assigned a disability rating of zero percent.

12.  The online Merck Manuals Medical Library defines schizophrenia as having a biologic basis, as evidenced by alterations in brain structure, such as enlarged cerebral ventricles and decreased size of the anterior hippocampus and other brain regions, and on changes in neurotransmitters, especially involving altered activity of dopamine and glutamate.  Some experts suggest that schizophrenia occurs in people with neuron-developmental vulnerabilities and that the onset, remission, and recurrence of symptoms are the result of interactions between these enduring vulnerabilities and environmental stressors.

13.  The Department of Veterans Affairs Schedule for Rating Disabilities (VASRD) provides that a when a mental condition has been formally diagnosed, but symptoms are not severe enough to require continuous medication, that condition is rated as zero percent disabling. 

14.  Title 10, United States Code (USC), section 1203, provides for the physical disability separation with severance pay of a member who has less than 20 years service and a disability rated at less than 30 percent.

15.  Public Law 110-181, dated 28 January 2008, provided for the establishment of a Physical Disability Board of Review (PDBR) that will review, upon application, records of members and former members of the Armed Forces who were separated due to unfitness for duty due to a medical condition since
11 September 2001 with a disability rating of 20 percent disabling or less and are found to be not eligible for retirement.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been medically retired with a 
30 percent disability rating.  He contends he needs a review in light of recent Congressional interest.

2.  The PDBR that was recently established by Congress will review, upon application, records of members who were medically separated since                11 September 2001.  Therefore, the PDBR does not apply to the applicant, who was discharged on 31 October 1971.

3.  The applicant was initially placed on the TDRL on 10 August 1970 with a diagnosis of schizophrenic reaction, paranoid type and a disability rating of 
30 percent.

4.  According to the Merck Manual some experts suggest the onset, remission, and recurrence of symptoms of schizophrenic reaction are the result of interactions between enduring vulnerabilities and environmental stressors.

5.  An informal PEB found the applicant's schizophrenic reaction to be in full remission on 11 August 1971.  There was no indication that the applicant was required to take any medications.

6.  According to the VASRD a mental condition that has been formally diagnosed, but the symptoms are not severe enough to require continuous medication is rated as zero percent disabling. Therefore, the zero percent assigned by the PEB on 11 August 1971 is correct.  

7.  Based on the zero percent disability rating and his having less than 20 years of active service, in accordance with Title 10, USC the applicant's discharge with severance pay is correct.

8.  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 that requirement.

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 for correction of the records of the individual concerned.




      _______ _ X  _______   ___
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080016694



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ABCMR Record of Proceedings (cont)                                         AR20080016694



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