IN THE CASE OF:
BOARD DATE: 09 APRIL 2009
DOCKET NUMBER: AR20080016933
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 military medical records be corrected by showing that he has been awarded a 100-percent disability rating by the Department of Veterans Affairs (VA) for major depression with psychosis and post-traumatic stress disorder (PTSD) due to his combat participation.
2. The applicant states, in effect, that he was diagnosed as having major depression with psychosis and PTSD by the VA due to his combat participation and was awarded a 100-percent disability rating. Accordingly, he desires to have his military medical records annotated to reflect his disability rating due to combat participation.
3. The applicant provides a copy of his VA Rating Decision, dated 7 August 1997, which grants him a 100-percent service-connected disability rating for major depression with psychotic features and PTSD effective 4 March 1996.
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 applicants 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, and has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted on 5 June 1961 and remained on active duty through a series of continuous reenlistments. He served three tours in Vietnam during the periods of 14 September 1966 to 14 September 1967, 28 September 1968 to 11 April 1970, and 23 November 1970 to 28 April 1972.
3. He was promoted to the pay grade of E-7 on 10 December 1978 and on 14 August 1980 he was honorably discharged for the purpose of being ordered to active duty as a warrant officer. He had served 19 years, 2 months, and 10 days of total active service.
4. On 15 August 1980, he was ordered to active duty as a warrant officer one (WO1) Supply Technician. He was promoted to the rank of chief warrant officer three on 1 June 1985 and on 31 August 1989 he was honorably released from active duty and was transferred to the Retired List effective 1 September 1989. He had served 28 years, 2 months, and 26 days of total active service.
5. The applicant's medical records are not present for review by the Board. However, his official records indicate that his medical records were transferred to the Texas Director of VA upon his separation/retirement from the Army.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his military medical records should be annotated to reflect the decision by the Department of Veterans Affair's to grant him disability compensation for major depression and PTSD has been noted and found to lack merit.
2. The applicant's military medical treatment records ceased to be maintained when he retired from active duty in 1989. Accordingly, any subsequent diagnosis made after his separation from the service is not authorized for entry into those records.
3. Therefore, in the absence of evidence to show that his medical records are in error or contain improper information, there appears to be no basis to grant his request.
4. 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.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Vietnam War. The applicant and all Americans should be justifiably proud of his service in arms.
_________XXX________________
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) AR20080016933
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ABCMR Record of Proceedings (cont) AR20080016933
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