IN THE CASE OF:	 

		BOARD DATE:	  23 August 2012

		DOCKET NUMBER:  AR20120002800 


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 DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his reason for separation was due to service-connected psychiatric reasons instead of physical disability.

2.  He states he suffered a mental breakdown in the Army.  He had no physical problems.  Therefore, the discharge should have been for psychiatric reasons.

	a.  He was hospitalized and received psychiatric treatment at Fort Leonard Wood, MO, and Fitzsimons Army Hospital in Denver, CO.  Upon his return to Fort Leonard Wood, an Army psychiatrist told him he was being discharged.  He told the psychiatrist he wanted to remain in the Army because he had no place to go.  The psychiatrist told him he had a mental breakdown due to the pressure and stress of being in the service and he would be discharged due to psychiatric reasons as the stress of life in the service would only increase.  However, his DD Form 214 shows he was discharged because of physical disability which is a mistake.

	b.  He could never understand why his DD Form 214 shows he was discharged due to physical disability since he passed a physical examination to enter the Army.

	c.  He is 66 years of age and he has endured a lifetime of mental hospitals and treatment because he never recovered from the mental breakdown he suffered in the Army.  He was never able to hold a job for more than a few weeks.  He needs Department of Veterans Affairs (VA) medical benefits for the monthly medical supplies he needs as a result of having prostate cancer.

3.  He provides:

* VA Form 21-4138 (Statement in Support of Claim)
* Gateways Forensic Community Treatment Program letter to the Board
* Gateways Forensic Community Treatment Program Status and Progress Reports
* VA Identification Card

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 military records show his name as A____, A____ S____ Jr.  His DD Form 149 (Application for Correction of Military Record) and the documents he submits show his name as A____, S____ J____.  The DD Form 149 also shows a social security number which is not the same as that shown on documents in his military records and the documents he submits.  The service number listed on his DD Form 149 is the same as that listed in the available military records.  Therefore, the Board accepts the application as valid.

3.  His military records show he enlisted in the Regular Army on 25 February 1964.  The highest rank/grade he held was private/E-2.

4.  Special Orders Number 127, dated 25 June 1964, published by Headquarters, Fort Leonard Wood, show he was honorably discharged from active duty on 29 June 1964 under the provisions of paragraph 33 of Army Regulation 635-40A  (Physical Evaluation for Retention, Separation, or Retirement for Physical Disability) with a separation program number (SPN) of "277 (physical disability – existed prior to service (EPTS) – established by medical board and individual made application for discharge by reason of physical disability not entitled to receive disability severance pay)."

5.  His discharge packet is not contained in his records.  However, his DD Form 214 shows he was honorably discharged from active duty on 29 June 1964 under the provisions of paragraph 33 of Army Regulation 635-40A.  Item 11c (Reason and Authority) contains the entry "PARAGRAPH 33 ARMY REGULATION 635-40A SPN 277 PHYSICAL DISABILITY."  The remarks block of this form indicates the physical disability was EPTS.  It further shows this determination was established by a medical board and the applicant made an application for discharge by reason of physical disability (not entitled to receive disability severance pay).

6.  The applicant provided Gateways Forensic Community Treatment Program letters to the Board and status and progress reports to the Judge of the Napa Superior Court.  These documents indicate the applicant carries current diagnoses to include schizoaffective disorder and personality disorder (not otherwise specified) and takes medications to suppress psychotic thought process and mood instability.

7.  Army Regulation 635-40A, paragraph 33, in effect at the time, stated that members of the Army ordered into the active military service for a period in excess of 30 days, and who were determined to be unfit by a medical board for retention on active duty by reason of physical or mental disqualifications which are not incurred or aggravated while entitled to receive basic pay, may request either discharge or relief from active duty or elect an appearance before a physical evaluation board.

8.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

9.  Title 38, U.S. Code, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, in accordance with its own policies and regulations, 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.



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his reason for separation from the Army should be for service connected psychiatric reasons instead of physical disability.

2.  He used the term "service connected" in conjunction with his request to have his reason for separation changed.  The term "service connected" is normally associated with the VA.  Any claims or issues concerning service connection should be addressed to that Agency.

3.  There are no military medical records for the Board to review and the applicant provided none to support his claim.  His discharge packet is not available for review.  However, Special Orders Number 127 and his DD Form 214 show he was separated based on a medical board determination of a physical disability that was EPTS.  These documents indicate he applied for discharge by reason of physical disability and was not entitled to receive disability severance pay.

4.  The Board begins its consideration with the presumption of regularity that what the Army did was correct.  The burden of proving otherwise is the responsibility of the applicant.  Therefore, it is presumed the reason for separation assigned by the Army was correct.

5.  The ABCMR does not correct records solely for the purpose of establishing eligibility for benefits.
 
6.  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 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)                                         AR20120002800



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ABCMR Record of Proceedings (cont)                                         AR20120002800



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