IN THE CASE OF:
BOARD DATE: 14 January 2010
DOCKET NUMBER: AR20090011811
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 records to show a diagnosis of post-traumatic stress disorder (PTSD) instead of schizophrenia.
2. The applicant states the diagnosis was wrong and should be corrected as per the findings shown in the letter from the Department of Veterans Affairs New Jersey Health Care System War Related Illness and Injury Study Center (WRIISC) evaluation.
3. The applicant provides a letter from the WRIISC in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's military records show he enlisted in the U.S. Army Reserve on 3 March 2003. He was awarded the military occupational specialty of petroleum supply specialist and was promoted to pay grade E-4. He enlisted in the Regular Army on 24 April 2006.
2. The applicant's DA Form 3947 (Medical Evaluation Board (MEBD) Proceedings), dated 27 February 2007, shows the MEBD found him to have schizophreniform disorder as manifested by thought disorder, paranoia, and delusions.
3. DA Form 3947, block 24 (Action by Patient), shows the applicant marked that he did not agree with the board's findings and recommendation. Block 27 (Further Action by Approving Authority) of this document shows the applicant's appeal was considered and the report was forwarded for consideration by a physical evaluation board (PEB).
4. On 30 March 2007, the applicant's case was considered by a PEB. The DA Form 199 (PEB Proceedings) shows the PEB considered the applicant's schizophreniform disorder, manifested by thought disorder, paranoia, and delusions. The document states that he was hospitalized during the period of 18 December 2006 to 26 January 2007 and 7 February to 21 February 2007. It also shows he required psychotropic medication and outpatient treatment. The PEB rated his condition as definite social/industrial impairment.
5. Based on a review of the objective medical evidence of record, the findings of the PEB were that the applicant's medical and physical impairment prevented him from reasonable performance of duties required by his grade and military specialty. The PEB stated that the applicant was being placed on the Temporary Disability Retired List (TDRL) because his condition was not sufficiently stable for final adjudication. It stated that this was not a permanent rating or retirement and that the disposition of his disability could change while he was on the TDRL.
6. On 13 April 2007, the applicant concurred with the PEB decision and waived his right to a formal hearing of his case.
7. Accordingly, on 8 June 2007, the applicant was retired by reason of temporary disability. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed a total of 2 years, 9 months, and 22 days of active service. He was placed on the TDRL on 9 June 2007.
8. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provides that the medical treatment facility commander with the primary care responsibility will evaluate those referred to him and will, if it appears as though the member is not medically qualified to perform duty or fails to meet retention criteria, refer the member to an MEBD. Those members who do not meet medical retention standards will be referred to a PEB for a determination of whether they are able to perform the duties of their grade and military specialty with the medically disqualifying condition.
9. The applicant provided a copy of a letter from the WRIISC, dated 22 May 2009, which provided an overview of the findings and recommendations based on his evaluation at the WRIISC. In the section of the letter addressing his mental health evaluation, the letter indicates the WRIISC conducted a psychological evaluation and neurological screening. The letter indicated that the applicant was having some issues with adjustment to civilian life. The letter also stated that he should continue to attend treatment with his counselor and psychiatrist so they could help him make this adjustment. The letter further indicated he should consider reducing and eliminating his use of marijuana because it would make his recovery more difficult. Paragraph 2 of this section of the letter indicated a National Center for PTSD guide was available online and the PTSD Information Line was also available for veterans and their families to help with the adjustment process. It was recommended that he speak to his mental health providers about symptoms of depression and anxiety, in addition to symptoms of PTSD, and about managing stress and anxiety.
DISCUSSION AND CONCLUSIONS:
1. While the applicant contends the right diagnosis is PTSD instead of schizophrenia, the PEB found him physically unfit for schizophreniform disorder as manifested by thought disorder, paranoia, and delusions. The applicant concurred with the PEB findings and recommendation at the time.
2. While the applicant provided a letter from the WRIISC which indicated he was having issues with adjustment to civilian life and that he could call the PTSD Information Line or find online information about PTSD, he has not provided any medical evidence or argument which would refute the PEB's assessment of the case or otherwise show he was improperly diagnosed for this condition.
3. As such, the applicant has not provided sufficiently convincing evidence or argument showing the PEB failed to properly diagnose his physical condition.
4. In view of the foregoing, there is no basis for granting the applicant's request.
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) AR20090011811
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ABCMR Record of Proceedings (cont) AR20090011811
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