IN THE CASE OF:	  

		BOARD DATE:	  21 July 2011

		DOCKET NUMBER:  AR20110001796 


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, correction of his records to show he was medically retired by a reason other than schizophrenia. 

2.  The applicant states to the best of his knowledge, no one in his family had schizophrenia.  He became ill at Fort Richie, MD, in 1975 and he was taken to Walter Reed hospital where he was told he had schizophrenia.  He believes his duty in Vietnam had a lot to do with his diagnosis of schizophrenia.

3.  The applicant provides:

* Letter from the U.S. Army Human Resources (HRC) denying him Combat-Related Special Compensation (CRSC)
* Letter Orders Number D-2-260, dated 20 February 1976
* Transmittal letter of separation documents, dated 9 December 1977
* Newspaper article, dated 20 July 2010
* DD Form 214 (Report of Separation from Active Duty)

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's records show he enlisted in the Regular Army (RA) on 16 June 1967 and held military occupational specialty 36C (Wire Team Chief).  He served through multiple reenlistments in the RA in a variety of stateside and overseas assignments, including

* Vietnam, from 14 January 1968 to 29 July 1969
* Vietnam, from 1 January 1970 to 31 December 1970
* Germany, 14 February 1971 to 1 July 1971
* Korea, from 30 October 1973 to 29 October 1974

3.  Upon completion of his Korea tour, he was reassigned to Fort Richie, MD.

4.  On 7 November 1975, he was admitted to Walter Reed Army Medical Center (WRAMC) with a diagnosis of acute paranoid schizophrenia.  His narrative summary (NARSUM) shows that his initial complaint was that "something happened to me."  He was initially having auditory hallucinations and he acknowledged that the experience of hearing voices was abnormal.  His NARSUM also shows after undergoing various tests and evaluations, medical and mental status examinations, laboratory and x-rays, as well as consults with social services.  The NARSUM further shows: 

	a.  The social work service consult revealed that after a unit contact that went all the way back to Fort Sam Houston, TX, where his unit reported he had a terrific history of bad checks and indebtedness and their impression of the applicant was that he was a questionable Soldier.  He was court-martialled in Vietnam in 1970 for assault but he was found not guilty.  He had one civilian fine for drinking while driving and he was placed on probation.  He was denied a security clearance, mainly because of his behavior.  Occupational therapy revealed the applicant had social and leisure skill deficit.

	b.  His condition at the time was that of a passive individual; but, he was not delusional or psychotic at this time.  His ability to manage his situation seemed to be compromised considerably.  His diagnosis was that of schizophrenia, paranoid type, acute, manifested by paranoid delusions, hallucinations, inappropriate reality testing, mental confusion, flattened effect, mild loose association and occasional tangentiality; stress (he denies any stress in his life); predisposition: uncertain; impairment for further military duty: marked; impairment for social and industrial adaptability: considerable (paragraph 3-29 of Army Regulation 40-501 (Standards of Medical Fitness). 

	c.  The military doctors determined he was unfit for further military duty in accordance with chapter 3 of Army Regulation 40-501 (Standards of Medical Fitness) and he was referred to the Physical Disability Evaluation System (PDES).  

5.  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 of schizophrenia, paranoid type, acute, manifested by paranoid delusions, hallucinations, inappropriate reality testing, mental confusion, flattened effect, mild loose association and occasional tangentiality.  The MEB recommended referral to a physical evaluation board (PEB).  The applicant agreed with the MEB’s findings and recommendation.

6.  On 20 January 1976, an informal PEB convened at WRAMC and found his condition prevented him from performing the duties required of his grade and specialty and determined that he was physically unfit due to schizophrenia, paranoid, acute, considerable.  He was rated under the Department of Veterans Administration Schedule for Rating Disabilities (VASRD) and was granted a 50% disability rating and recommended he be placed on the temporary disability retired list (TDRL) with reexamination in July 1977.  He concurred and waived his right to a formal hearing of his case. 

7.  He was honorably retired on 26 February 1976 by reason of temporary disability and he was placed on the TDRL in his retired rank and grade of sergeant/E-5 on 27 February 1976.  The DD Form 214 he was issued shows he completed 8 years, 8 months, and 11 days.  Item 9a (Type of Separation) of this form shows the entry "retirement," item 9c (Separation Authority and Reason) shows Title 10, U.S. Code, section 1202 and the entry "SPD (Separation Program Code) SFK. 

8.  On 7 July 1977, he underwent a TDRL medical examination at Fort Lee, VA.  He was again diagnosed with schizophrenia and he was recommended to continue with his medication and occasionally increase it to combat his restlessness and disturbing dreams.  

9.  On 25 October 1977, a TDRL PEB convened at WRAMC and found the applicant's condition did not improve to the extent that he was considered fit for duty and that he remained unfit to reasonably perform the duties required by his previous grade and military specialty.  However, his condition at the time was considered sufficiently stable for final adjudication.  He was rated at 30% under the VASRD code applicable to his medical condition.  Accordingly, the PEB recommended his permanent retirement from the service.  He again concurred and waived his right to a formal hearing of his case.

10.  He was removed from the TDRL on 31 December 1977 and permanently retired on 1 January 1978.

11.  He submitted:

	a.  Letter, dated 30 November 2010, from HRC denying him CRSC compensation for schizophrenia. 

	b.  Newspaper article, dated 20 July 2010, which shows the VA had eased the hassle of qualifying for VA compensation or mental conditions. 

12.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating.  It provides for MEBs, which are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status.  A decision is made as to the Soldier's medical qualifications for retention based on the criteria in chapter 3 of Army Regulation 40-501.  If the MEB determines the Soldier does not meet retention standards, the board will recommend referral of the Soldier to a PEB.

13.  Army Regulation 40-501 governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement.  Once a determination of physical unfitness is made, the PEB rates all disabilities using the VASRD.  At the time, Army Regulation 635-40, appendix B, modified those provisions of the rating schedule inapplicable to the military and clarified rating guidance for specific conditions.  Ratings can range from 0 to 100 percent, rising in increments of 10 percent.

14.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating at least 30 percent.  Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating at less than 30 percent.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should have been medically retired by a reason other than schizophrenia.

2.  The applicant complained of hearing voices subsequent to an alleged incident in his unit barracks.  He was transferred to WRAMC where he underwent a series of medical and mental tests and evaluations.  He was diagnosed with schizophrenia, paranoid, acute, and considerable.  This condition rendered him unfit for retention.  Accordingly, he underwent an MEB that referred him to a PEB.  

3.  The PEB found his condition prevented him from performing the duties required of his grade and specialty and determined that he was physically unfit due to schizophrenia, paranoid, acute, considerable.  He was rated under the VASRD and was granted a 50% disability rating and recommended he be placed on the TDRL.  He concurred and waived his right to a formal hearing of his case. 

4.  He underwent a TDRL medical examination in July 1977 and he was again diagnosed with schizophrenia.  In October 1977, a TDRL PEB found his schizophrenic condition did not improve to the extent that he was considered fit for duty but his condition was considered sufficiently stable for final adjudication.  He was rated at 30% under the VASRD and the PEB recommended his permanent retirement from the service.  He again concurred and waived his right to a formal hearing of his case.

5.  The diagnosis of schizophrenia was not capricious or arbitrary.  It was based on medical and mental tests and evaluations, medical and mental status examinations, laboratory and x-rays, as well as consults with social services, occupational therapy, and contact with the applicant's units.  His physical disability evaluation was conducted in accordance with law and regulations and the applicant concurred with the recommendation of the PEB.  There does not appear to be an error or injustice in this case.  

6.  The applicant's denial of CRSC compensation has no bearing on the fact that schizophrenia was the reason for his medical disability retirement.  Absent this medical condition, there was no fundamental reason to refer him to the PDES and ultimately retire him.  In any case, the ABCMR does not correct records solely for the purpose of establishing eligibility for other programs or benefits.  The applicant had provided no evidence to support his contention.

7.  In view of the foregoing evidence he is not entitled to the requested relief.

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)                                         AR20110001796



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110001796



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1