BOARD DATE: 25 August 2009
DOCKET NUMBER: AR20090008160
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, in effect, reconsideration of his earlier application to change his diagnosis in his medical record from paranoid schizophrenia to post traumatic stress disorder (PTSD).
2. The applicant states, in effect, that his mental health physician indicates that he should have been diagnosed as having PTSD, on 18 February 1970. He did not suffer from paranoid schizophrenia.
3. The applicant provides a statement, dated 23 March 2009, from his psychologist, and a second statement, dated 1 April 2009, from a medical doctor, in support of his request.
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 Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080017755, dated 26 February 2009.
2. The applicant submitted a statement from his psychologist and another statement from a medical doctor which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.
3. The applicant's records show he enlisted in the Regular Army for a period of 3 years on 5 October 1967. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 63H (Engine Powertrain Repairman). He was honorably released from active duty in the rank/grade of specialist four/E-4 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation. He received a reenlistment code of 1 indicating that he was fully eligible to reenlist in the military.
4. The applicant's records also show he served in the Republic of Vietnam from on or about 12 May 1968 to 10 May 1969. He also served in Germany from on or about 26 January to 24 September 1970.
5. The applicant's service medical records are not available for review.
6. The applicant submitted two medical documents in support of his request as follows:
a. in a statement, dated 23 March 2009, a civilian psychologist states the applicant suffers from PTSD and that he has been treating him for years for this illness for which he also receives a 100-percent disability from the Department of Veterans Affairs; and
b. in a statement, dated 1 April 2009, a civilian medical doctor states the applicant was improperly diagnosed with paranoid schizophrenia while on active duty in 1969 and that, at the time, the Army did not differentiate between the various causes of psychotic mind states. He also adds that the applicant did not suffer from schizophrenia when he entered the Army and did not receive any medical treatment for schizophrenia during the time that he served in the military or after his discharge.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his earlier request for correction of his medical records to show a diagnosis of PTSD should be reconsidered.
2. The available evidence shows the applicant enlisted on 5 October 1967 and he was honorably separated on 25 September 1970 and transferred to the USAR for completion of his Reserve obligation. He was issued a DD Form 214 that captured this period of active service. There is no indication that he was separated as a result of a paranoid schizophrenia or any other medical condition. Additionally, he was assigned a reenlistment code of 1 indicating he was fully eligible to reenlist in the Army.
3. The applicant's medical records for that period of service are not available for review with this case. Nevertheless, such records would have reflected the observations and opinions of medical examiners at the time they were recorded. Any subsequent interpretations of these records fall within the jurisdiction of the agency administering benefits based on the facts recorded.
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. Therefore, 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 to amend the decision of the ABCMR set forth in Docket Number AR20080017755, dated 26 February 2009.
_______ _ __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) AR20090008160
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090008160
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2008 | 20080017755
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. The applicant contends that his service medical records contain an incorrect diagnosis of paranoid schizophrenia that should be changed to read PTSD. ABCMR Record of Proceedings (cont) AR20080017755 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont)...
ARMY | BCMR | CY2002 | 2002076652C070215
An Army psychiatrist at the Fort Campbell US Army Hospital stipulated the applicant was medically qualified to return to duty, but also recommended he not be exposed to further combat and that he be restricted to assignments within the United States not involving basic combat training. On 27 January 1989, the VA found the applicant to be 100 percent disabled due to post-traumatic stress disorder (PTSD). In the processing of this case, a medical advisory opinion was obtained from the United...
ARMY | BCMR | CY2012 | 20120015745
The psychologist opined she met the criteria for Personality Disorder with Schizoid and Paranoid features; therefore, in accordance with the provisions of Army Regulation 625-200 (Personnel Separations - Enlisted Personnel) her unit should consider an administrative separation under chapter 5-13, as it was likely she would continue to present with emotional and behavioral difficulties that reflect a long-standing pattern of difficulties. The psychologist opined she met the criteria for...
ARMY | BCMR | CY2002 | 2002073750C070403
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2006 | 20060002334C070205
There is no medical evidence, and the applicant did not provide any, that showed he was medically unfit and required physical disability processing. No medical evidence has been presented by the applicant to demonstrate an injustice in the medical treatment received in service. Consequently, there is no basis for granting the applicant's request to correct his records to show that he was discharged for medical reasons.
ARMY | BCMR | CY2010 | 20100025643
The applicant states she presented evidence to the Physical Evaluation Board (PEB) of a diagnosis of PTSD but they refused to look at it. There is no follow-up treatment record for these conditions in the available records. Statements provided in support of the applicant's DVA application for PTSD state that the applicant's unit was on a humanitarian mission in El Salvador.
CG | BCMR | Disability Cases | 1997-115
His diagnoses on discharge were reported as follows: “1. VIEWS OF THE COAST GUARD On August 18, 1999, the Chief Counsel of the Coast Guard recommended that the Board deny the applicant the requested relief. 1995), indicates that the Commandant’s decision was justified because the applicant “was not treated or rated for [paranoid schizophrenia] while serving on active duty.” The Chief Counsel also stated that the apparent contradiction between the VA’s findings and those of the Coast Guard...
ARMY | BCMR | CY2011 | 20110001796
IN THE CASE OF: BOARD DATE: 21 July 2011 DOCKET NUMBER: AR20110001796 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction of his records to show he was medically retired by a reason other than schizophrenia. On 13 January 1976, a medical evaluation board (MEB) convened at WRAMC and after consideration of clinical records, laboratory findings, and physical examinations, the MEB found that the applicant was diagnosed as having the medical conditions...
ARMY | BCMR | CY2008 | 20080011989
However, by regulation, in order to award the PH it is necessary to establish that the wound for which the award is being made was received as a result of enemy action, that it required treatment by military medical personnel, and that a record of treatment was made a matter of official record. The evidence of record provides no indication that the applicant was ever wounded in action, or that he was ever treated for a combat-related wound or injury by military medical personnel. In order...
ARMY | BCMR | CY2010 | 20100027528
After interviewing the applicant and evaluating his behavior, the military psychologist concluded the applicant did not have a psychiatric disorder. On 7 December 1981, court-martial charges were preferred against him for one specification of being AWOL from 19 October to 1 December 1981. Paragraph 3-7b of Army Regulation 635-200 states that a general discharge is a separation from the Army under honorable conditions.