BOARD DATE:	  5 January 2010

		DOCKET NUMBER:  AR20090011440


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 the separation program number (SPN) code be removed from his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states the SPN code indicates he was discharged for schizophrenia, a condition which existed prior to his service (EPTS).  He states that is not true and claims he suffers from bipolar disorder, not schizophrenia.  He adds he is deeply bothered by this error.

3.  The applicant provides page 2 of a Department of Veterans Affairs examination and the first page of a 6 May 2003 letter from Wyandotte Neurology, Wyandotte, MI.

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 was inducted into the Army of the United States for 2 years on 5 November 1965.  He completed basic and advanced training at Fort Hood, TX, and was awarded military occupational specialty 11E (Armor Crewman).  He was then selected to attend Officer Candidate School (OCS) at Fort Sill, OK.

3.  On 20 July 1966, while attending OCS, he was admitted to the hospital because of confusion, bizarre behavior, and delusional thinking.  On 26 July 1966, he was transferred to Brooke General Hospital, Brooke Army Medical Center, Fort Sam Houston, TX, with a diagnosis of schizophrenic reaction, undifferentiated type.

4.  The applicant was placed in the Physical Disability Evaluation System (PDES).  A narrative summary, dated 26 July 1966, found that upon admission his affect was described as appropriate, but somewhat flat; he was alert, oriented, and responding to questions.  His physical and neurological evaluations were essentially within normal limits, but there was a presence of echolalia – the uncontrollable and immediate repetition of words spoken by another person.

5.  At Brooke General Hospital, a medical history was taken which revealed a past history of obsessive-compulsive behavior.  He stated he had similar symptoms to his current ones, but they resolved spontaneously.  Upon examination, he was diagnosed as having "acute schizophrenic reaction, paranoid type, in remission."  He was prescribed thorazine, 50 milligrams four times per day, and continued on that treatment.  It was the opinion of medical authorities that the applicant should be medically separated with a determination of "line of duty - no, EPTS."  The final diagnosis was:

Schizophrenic reaction, paranoid type, chronic, severe, in partial remission; manifested by delusional thinking, grandiosity, inappropriate affect, religious preoccupation, and depersonalization.  External Precipitating Stress:  Minimal (routine military duty).  Premorbid Personality and Predisposition:  Severe (history of obsessive-compulsive thinking in the past; patient also relates that he had similar psychiatric difficulties prior to entry onto active duty which cleared spontaneously).  Degree of Psychiatric Impairment:  Marked for further military duty.  LOD:  No, EPTS.

6.  The applicant was referred to a medical evaluation board on 28 September 1966 for the above diagnoses.  He was found medically unfit and referred to a physical evaluation board (PEB).

7.  A PEB was convened on 19 October 1966.  That board found the applicant unfit due to "schizophrenic reaction, paranoid type, slight" which was determined to be EPTS.  The PEB recommended he be separated without entitlement to disability benefits.

8.  The applicant was discharged on 24 November 1966 by reason of physical disability under the provisions of paragraph 6, Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) with an SPN code of 278.

9.  Army Regulation 635-5 (Separation Documents), then in effect, established the policies and procedures for the preparation and issuance of separation documents, including the DD Form 214.  It also prescribed the specific authorities (statutory or other directives), reasons for separating Soldiers from active duty, and the SPN codes to be entered on DD Form 214.  Appendix I listed every SPN code.  It showed that Soldiers involuntarily discharged under the authority of Army Regulation 635-40, paragraph 6, by reason of physical disability – EPTS – established by a PEB and without entitlement to severance pay would be assigned SPN code 278.  SPN code 278 is defined as "physical disability – EPTS – established by PEB proceedings (not entitled to receive disability severance pay)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant wants the SPN code 278 removed from his DD Form 214 because he believes it refers to his disorder as schizophrenia, when he has been diagnosed with bipolar disorder.

2.  The SPN code 278 does not refer to any particular disorder; it simply means, "physical disability – EPTS – established by PEB proceedings (not entitled to receive disability severance pay)."

3.  The applicant's SPN code correctly describes the reason for his discharge.  There is no error or injustice.

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)                                         AR20090011440



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ABCMR Record of Proceedings (cont)                                         AR20090011440



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