IN THE CASE OF:
BOARD DATE: 26 February 2009
DOCKET NUMBER: AR20080017755
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 correction of his service medical records to change his diagnosis from paranoid schizophrenia to post traumatic stress disorder (PTSD).
2. The applicant states, in effect, that his mental health physician has said that he should have been diagnosed with having PTSD on 18 February 1970, and not with being paranoid schizophrenic.
3. The applicant provides, in support of his application, a partial copy of this Board's prior proceedings concerning a different issue wherein reference was made to his earlier medical diagnosis.
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, 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. On 5 October 1967, the applicant enlisted in the Regular Army for 3 years. He completed his initial training and was awarded military occupational specialty (MOS) 63H (Engine Powertrain Repairman).
3. The applicant served in the Republic of Vietnam during the period from on or about 12 May 1968 to 10 May 1969; and in the Federal Republic of Germany from on or about 26 January to 24 September 1970.
4. On 25 September 1970, the applicant was released from active duty and transferred to the United States Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation. He had attained the rank of specialist four (SP4)/pay grade E-4, and had completed 2 years,
11 months, and 21 days of creditable active duty service. His characterization of service was honorable and his reenlistment code of 1 indicates that he was fully eligible to reenlist in the military service.
5. The applicant's service medical records are not available for review.
6. On 19 December 2005, a civilian psychologist wrote a letter, addressed to whom it may concern, wherein he stated that in his professional opinion the applicant had never been schizophrenic. The applicant had presented an Army hospital document dated 18 February 1970 showing a psychiatric diagnosis of paranoid schizophrenia. The letter also provides a diagnosis of severe PTSD, reported hypertension, arthritis, and chronic back pain. The physician further stated that in his mind there is no doubt the applicant's PTSD is service- connected.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his service medical records contain an incorrect diagnosis of paranoid schizophrenia that should be changed to read PTSD.
2. This Board should not create or alter service medical records. Such records merely reflect the observations and opinions of medical examiners at the time they were recorded. Subsequent interpretations of these records fall within the jurisdiction of the agency administering benefits based on the facts recorded.
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. In view of the above, the applicant's request should be denied.
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.
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