Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110011085
Original file (20110011085.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  8 March 2012

		DOCKET NUMBER:  AR20110011085 


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:

In effect, the applicant defers to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests reconsideration of the applicant's request to change his administrative discharge for personality disorder to medical disability due to post-traumatic stress disorder (PTSD).

2.  Counsel states he has new evidence in the form of a medical opinion from Dr. D____ S____, PhD., a licensed psychologist.

3.  Counsel provides copies of:

* the applicant's Department of Veterans Affairs (VA) rating documents
* the applicant's service records
* the applicant's service medical records
* letter from Dr. S____, dated 22 April 2011

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 AR20090019360 on 11 May 2010.

2.  The original case shows the applicant previously served in various Reserve Components.

3.  He originally enlisted in the U.S. Army Reserve (USAR) in February 1988.  He completed initial active duty for training (IADT), but he did not attend unit training assemblies regularly.  In March 1989, he was transferred to the USAR Control Group due to unsatisfactory performance.  On 6 February 1996, he was discharged from the USAR in pay grade E-2.

4.  He enlisted in the USAR again in March 2003.  In September 2004, he enlisted in the Regular Army in pay grade E-2.

5.  In July 2006, he reenlisted in the Regular Army for 5 years.  At that time he had approximately 2 1/2 years of prior active service and about 11 years of total service.

6.  The applicant deployed to Iraq from 26 October 2006 to July 2007.  He was promoted to sergeant and awarded the Combat Action Badge during March 2007.

7.  While home on leave from Iraq in late March and April 2007, he sought medical care for heart burn, gastroesophageal reflux disease, inability to sleep, and marital difficulty because of his temper.  He started uttering suicidal threats and exhibited other aberrant behavior.  The medical examiner assessed the applicant as having PTSD and as having suicidal ideations secondary to insomnia.  The applicant was admitted for sedation and observation.

8.  After he returned to duty in Iraq, his Medical Record – Chronological Record of Medical Care, dated 5 April 2007, shows the 1st Squadron, 7th Cavalry, Squadron Surgeon indicated:

	a.  The applicant was brought in by his command for his combative attitude and saying he had no reason to live.

	b.  The applicant changed his demeanor where it is just a casual thing for him to say he wants to die.

	c.  The squadron surgeon thought that even though a personality disorder was driving the applicant's attention-getting behavior, the applicant might actually act-out simply to prove he should be taken seriously.

	d.  Practitioners at the mental health clinic also thought the applicant was being manipulative.  He kept changing his story so they could not pin him down.  He repeatedly reported traumatizing incidents that were apparently fictitious or to which he had not been a party.

		(1)  He was given a Minnesota Multiphasic Personality Inventory (MMPI) test.  The inordinate amount of time the applicant took and his contradictory answers indicated he was trying to invalidate the test.

		(2)  The MMPI test resulted in a diagnosis of personality disorder – not otherwise specified.

	e.  The applicant 's continued refusal of help resulted in his placement under suicide watch and escort wherever he went.

	f.  The earlier impression of PTSD was dismissed when the mental health clinic staff learned the applicant had not participated in the incident as he had claimed.

9.  On 12 June 2007, the applicant was notified of his contemplated administrative separation for personality disorder.  He consulted with counsel and waived his administrative separation rights on 19 June 2007.

10.  A suicidal gesture on 24 June 2007 resulted in superficial wounds to his wrists from attempting to cut himself with his keys.

11.  On 27 July 2007, he was honorably discharge by reason of personality disorder.

12.  On 11 May 2010, the ABCMR denied the appellant's request for a medical separation based on PTSD.

13.  In support of this request for reconsideration counsel presents pages from the applicant's service and VA medical records.  Counsel also offers a 7-page review of the case by a licensed psychologist as new evidence.

	a.  The psychologist reviewed the diagnostic criteria for personality disorder and noted it is a condition of long-standing duration and can usually be traced back to adolescence or early adulthood.

	b.  The psychologist noted the applicant displayed "no enduring pattern of behavior indicative of a personality disorder" while in the USAR from 1988 to 2004.

	c.  The psychologist observed that "after exposure to traumatic events in Iraq, the clear symptomology of PTSD emerges" and "he began experiencing documented mental health symptoms when he went home on mid-tour leave in March 2007."

	d.  The psychologist concluded that "without an in-person examination of the [applicant], my own diagnosis is…more likely than not that he was suffering from PTSD."

	e.  The psychologist reviewed the VA records and diagnoses and concluded that PTSD is correct.

DISCUSSION AND CONCLUSIONS:

1.  The psychologist, whom counsel relies upon, admitted he has not actually examined the applicant.  Rather, his evaluation is based upon the applicant's medical record.

2.  The psychologist pointed out that the applicant's USAR record between 1988 and 2004 evidenced "no enduring pattern of behavior indicative of a personality disorder."

3.  However, the psychologist didn't mention that the record shows no distinguishing progress or even significant participation.  In fact, the applicant enlisted in the USAR, completed IADT, and was discharged in pay grade E-2 8 years later.  About 8 1/2 years later, he enlisted in the Regular Army in pay grade E-2 at 33 years of age.

4.  The applicant's behavior led to a diagnosis of personality disorder that was confirmed by psychometric testing.  That personality disorder, not PTSD, caused the applicant's discharge.

5.  The applicant may have PTSD now, but there is no available evidence that the applicant's PTSD was disabling to the point that it would have required processing for a physical disability separation at the time the applicant was processed for discharge.

6.  After consulting with counsel and being advised of his rights and options, the applicant waived consideration of his case by an administrative separation board and declined to submit statements in his own behalf.

7.  The VA is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations – including the requirement to give the Soldier the benefit of any doubt, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  Consequently, due to the two concepts involved, the applicant's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge, or retirement, may be sufficient to qualify him for VA benefits based on an evaluation by that agency.

8.  In view of the foregoing there is no basis for granting the applicant's 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 the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20060019360, dated 11 May 2010.



      ____________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)                                         AR20110011085



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110011085



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2013 | 20130019277

    Original file (20130019277.txt) Auto-classification: Denied

    The applicant states – * he was not a malingerer * his command had a culture of stigmatization around mental health issues and a pattern of intimidating Soldiers into not seeking medical treatment especially for mental health issues * he preformed over 50 combat missions for which he was awarded the Cavalry Combat Spurs * after returning from a year-long tour in Iraq his health deteriorated * thinking of returning to combat made him more anxious and depressed with thoughts of suicide and he...

  • ARMY | BCMR | CY2013 | 20130002666

    Original file (20130002666.txt) Auto-classification: Denied

    The applicant requests, in effect, that her narrative reason for separation be changed from personality disorder to medical discharge – post-traumatic stress disorder (PTSD). On 15 August 2007, the separation authority approved the applicant's separation under the provisions of paragraph 5-13, Army Regulation 635-200, by reason of personality disorder, and directed the applicant be issued an honorable characterization of service. As confirmed by the OTSG advisory opinion, there is...

  • ARMY | BCMR | CY2012 | 20120016668

    Original file (20120016668.txt) Auto-classification: Denied

    The applicant requests correction of his records to show he was medically retired in lieu of discharged by reason of physical condition, not a disability. There is no evidence of record which shows he was diagnosed with PTSD prior to his discharge. The available medical evidence shows he was diagnosed as having an adjustment disorder with depressed mood on 26 June 2007 and he was discharged under the provisions of Army Regulation 635-200, paragraph 5-17, for a condition, not a disability.

  • ARMY | BCMR | CY1995 | 9511136C070209

    Original file (9511136C070209.TXT) Auto-classification: Denied

    APPLICANT STATES: She was discharged through administrative channels, and the Army Discharge Review Board agrees that if her condition had been properly diagnosed, she would have received a physical disability retirement or separation. That official stated that the applicant had received extensive mental health care during her active duty service, and that her difficulties were attributed to adjustment disorders and various combinations of personality features and personality disorder, that...

  • ARMY | BCMR | CY2011 | 20110021739

    Original file (20110021739.txt) Auto-classification: Denied

    On 21 August 2006, the applicant completed a DD Form 2697 (Report of Medical Assessment). Commanders may approve separation under this paragraph on the basis of other physical or mental conditions not amounting to disability under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) and excluding conditions appropriate for separation processing under paragraph 5-11 (separation of personnel who did not meet procurement medical fitness...

  • NAVY | BCNR | CY2001 | 02561-98

    Original file (02561-98.pdf) Auto-classification: Denied

    The fact that the Department of Veterans Affairs (VA) granted you service connection for post traumatic stress disorder in 1997, effective from 23 August 1994, was not considered probative of error or injustice in your naval record. prior to your discharge were related to a personality disorder, which is a condition not covered by the military disability evaluation system, rather than a physical disability. It appears likely that the diagnosis made with all information would be PTSD and...

  • ARMY | BCMR | CY2011 | 20110025064

    Original file (20110025064.txt) Auto-classification: Denied

    e. On 3 November 2009, during a visit, the doctor entered "Chronic Post-Traumatic Stress Disorder" in his service medical records and from then on all his service medical records show PTSD. He provided service medical records, dated between November 2009 and January 2010, which notes PTSD symptoms. Although his service medical records note PTSD there is no evidence to show PTSD or any medical condition rendered him unable to perform his duties.

  • ARMY | BCMR | CY2013 | 20130010825

    Original file (20130010825.txt) Auto-classification: Denied

    A year after returning from Iraq, the applicant was separated from the Army with a general discharge due to his drug use. He also reported being in a psychiatric hospital three times since returning from Iraq. He dismounted the vehicle ready for whatever could happen while outside working on the vehicle.

  • AF | PDBR | CY2013 | PD 2013 00562

    Original file (PD 2013 00562.rtf) Auto-classification: Approved

    The psychologist noted the CI’s responses had been “more extreme than those of people hospitalized for severe psychiatric problems.” The psychiatrist noted the CI presented inconsistent report of symptoms at various times during treatment sessions with other mental health providers. The Board determined that anMH diagnosis was eliminated in the disability evaluation process.This applicant therefore did appear to meet the inclusion criteria in the Terms of Reference of the MH Review...

  • ARMY | BCMR | CY2012 | 20120018254

    Original file (20120018254.txt) Auto-classification: Denied

    On 4 August 2008, the applicant's immediate commander notified the applicant of his intent to initiate separation action against him under the provisions of Army Regulation 635-200, paragraph 5-13, due to his adjustment disorder with depressive mood and personality disorder with cluster B traits. The OTSG states the applicant reported he was diagnosed with PTSD prior to his discharge for personality disorder. The records supported the personality disorder diagnosis with a long-standing...