IN THE CASE OF:	  

		BOARD DATE:	  5 July 2011

		DOCKET NUMBER:  AR20100029737 


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, in effect, requests correction of his military medical records to change entries on the DA Form 8-118 (Medical Board Proceedings) to show he was discharged due to an ulcer.

2.  The applicant states he first found out the reason for his discharge in April 2010.  He contends that he never had a schizophrenic reaction or any other type of psychiatric disorder.  He had never been treated for any such condition.  He had an ulcer that started in basic training.

3.  The applicant provides three letters of support.

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.  On 14 February 1964, the applicant was inducted into the Army of the United States.  He was subsequently assigned to Fort Polk, Louisiana, for enrollment in basic combat training.

3.  A DA Form 8-118 initiated on 16 March 1964 indicates a medical evaluation board (MEB) evaluated the applicant and reported that:

	a.  he was present for the proceedings but did not present any views on his own behalf;

	b.  he was found to be medically unfit due to schizophrenic reaction, paranoid type, manifested by depression, religious delusions, periodic inappropriate affect, ideas of reference;

	c.  he was also found to have a peptic ulcer of the duodenum which was not unfitting.

	d.  both of his conditions had originated in 1961 and 1963, respectively, existing prior to enlistment;

	e.  he had the capacity to understand the nature of and to cooperate in a medical/physical evaluation board proceeding;

	f.  his condition was not aggravated by active duty;

	g.  he was returned to duty for separation;

	h.  he did not desire to continue on active duty as indicated by his initials;

	i.  the MEB recommendations were unanimous; and 

	j.  the MEB findings and recommendations were approved on 16 March 1964.

4.  On 17 March 1964, the applicant requested discharge due to a physical disability which existed prior to his entry in the military service.

5.  The applicant's DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows that he was discharged under the provisions of Army Regulation 635-40A (Physical Evaluation for Retention, Retirement, or Separation), paragraph 33, due to a physical disability that existed prior to enlistment.  His characterization of service was honorable.  He completed 1 month and 25 days of creditable active duty service.

6.  The three letters of support from his sister and two friends of long standing essentially state he has demonstrated himself to be of a generous nature, hard working and reliable.  The applicant has been consistent about matters, he is not wishy-washy.  The applicant has always displayed kindness and hospitality towards others and is actively involved in the community.  His demeanor has always been normal.  He rarely ever encountered any social problems between his elders or teachers.  He functioned like normal young men, who were clear minded and peace loving.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends the DA Form 8-118 initiated on 16 March 1964 should be changed to show he was discharged from the military service due to an ulcer.  He further argues that he never had a schizophrenic reaction or any other type of psychiatric disorder.

2.  Unfortunately, there is no documentary evidence of record, and the applicant has not provided any documents, that convincingly corroborate his contentions that his only disability was an ulcer or that his discharge process was inaccurate or unjust.

3.  The applicant's DA Form 8-118 clearly indicates he was suffering from and was diagnosed with a schizophrenic reaction and a peptic ulcer.  It would not be prudent to change comments and/or determinations made in a psychiatric report.  Unlike a doctor who treats the physical aspects of a patient's body, a psychiatrist must consider a non-corporeal entity – the mind.  Almost by definition he must note personal impressions rather than physical conditions in making a diagnosis.

4.  In this case a determination was made that the applicant's condition had existed prior to his enlistment, but that such enlistment had not aggravated his condition.  There is no evidence showing there was an error or injustice in this determination.

5.  The Army has an interest in promoting the reliability of its medical records.  Alteration of a diagnosis in those records after the fact may lead to fundamental questions about the veracity of the records.  For these reasons, a diagnosis in the applicant's medical records should not be altered.  The Secretary's interest is in ensuring an orderly system in which a physician makes certain observations and records them faithfully in the medical records at the time.  It would take an extraordinary showing to alter such a diagnosis.  In this case, a board of physicians made a diagnosis in good faith and based upon accepted medical principles at the time.  That observation was duly recorded on the applicant's DA Form 8-118 and is a part of his medical records.  He has not presented sufficient reason to alter that observation.

6.  In the absence of evidence to the contrary, there appears to be no error in the applicant's diagnosis.  There was no error in finding him unfit for military service based on his medical condition that existed prior to his enlistment.

7.  In view of the foregoing, 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 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)                                         AR20100029737



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ABCMR Record of Proceedings (cont)                                         AR20100029737



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