IN THE CASE OF:	  

		BOARD DATE:	  9 January 2014

		DOCKET NUMBER:  AR20130005816 


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 request reconsideration of the former service member's (FSM) previous request to change his narrative reason for separation from unsuitability to medical discharge – post-traumatic stress disorder (PTSD).

2.  The applicant states, in effect, that the FSM, her deceased spouse, never received counseling or advice for his PTSD and other medical conditions which contributed to his misconduct.  Further, these medical conditions warrant consideration for a medical discharge.

3.  The applicant provides:

* four self-authored letters
* partial service medical records
* extensive post-service medical records
* Board of Veterans' Appeals Decision Letter, dated 24 May 2002

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 AR20120011996, on 5 February 2013.

2.  The applicant submitted medical records which were not previously reviewed by the ABCMR.  Therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  Having had prior active duty and U.S. Army Reserve (USAR) service, the FSM enlisted in the Regular Army on 27 November 1973.  During his period of service he held military occupational specialties 63F (Recovery and Evacuation Specialist) and 13B (Cannon Crewman).  The FSM had served in Vietnam from September 1966 through May 1967.  The highest grade he held was staff sergeant (SSG/E-6).  After completing an honorable period of service he reenlisted on 11 October 1977.

4.  On 2 July 1979, the FSM's unit commander notified him that he was initiating action to separate him from the Army under the provisions of Army Regulation 635-200 for unsuitability.  The reasons cited were frequent incidents of a discreditable nature with military and civil authorities and letters of indebtness.  Specifically, he was twice punished under the provisions of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to go his appointed place of duty and counseled on numerous times for:

* Indebtness to Fort Bragg Credit Union
* Failure to Repair
* Letter from Credit Union
* Debts at Credit Union
* Not prepared for inspection
* Letter of indebtness
* Driving Under the Influence (DUI)
* Fraudulent Claim

5.  On 8 August 1979, the separation authority approved the FSM's separation under the provisions of Army Regulation 635-200, chapter 13, for unsuitability, and directed the issuance of a General Discharge Certificate.

6.  On 31 August 1979, he was discharged accordingly.  His DD Form 214 shows he was credited with 8 years and 9 months of active duty service.

7.  The FSM's complete service medical records are not available for review.


8.  The applicant provided:

	a.  A Standard Form 88 (Report of Medical Examination), dated 
26 September 1975, which shows that the FSM had blood in his left tympanic 
membrane with no perforation and that he had a cyst removed from his forehead.

	b.  Four DA Forms 3349 (Medical Condition - Physical Profile Record), which show the FSM was given a temporary profile:

* on 26 September 1975, for bilateral hearing loss
* on 16 December 1975, for removal of a foreign body from his right foot
* on 20 April 1978, for pseudofolliculitis of the beard
* on 12 April 1978, for a sprained back muscle

	c.  Medical records related, in part, to the medical conditions listed above and copies of dental records for the period 28 April 1976 through 28 June 1979.

	d.  Post-service VA medical records which show that on 26 October 1979 the FSM was diagnosed with schizophrenia, depressive neurosis, and habitual excessive drinking and given a comprehensive treatment plan consisting of counseling and medication.  These records also show that the FSM received medical care and treatment for hearing loss, depression, back pain, insomnia, and excessive drinking.

	e.  A memorandum from the Board of Veterans' Appeals, dated 24 May 2002, which shows that upon appeal the VA determined that the FSM's PTSD was service connected, noting that his duties as an evacuation and recovery specialist were consistent with a combat role.

	f.  Self-authored statements in which the applicant contends, in effect, that the FSM returned from Vietnam a completely different person and that his medical records show he suffered from a number of medical conditions to include but not limited to bilateral hearing loss, extensive dental problems, a cyst on his forehead, chronic back problems, and skin problems resulting from shaving.  The applicant further contends that the excessive drinking that led to the FSM being charged with a DUI was an attempt to drown away his PTSD and the stress of trying to support his family.  After he was discharged he went into a deeper depression and became homeless.  His temporary profiles and medical records are presented as validation that her spouse suffered from trauma (anxiety, neurosis, depression, and paranoia schizophrenia) long before he was discharged.  The applicant personally witnessed his restlessness, nightmares, 


drinking and smoking after his discharge.  She believes that the FSM should have received some type of help while he was in the Army for his PTSD.

9.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army 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 medical evaluation boards (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 Army Regulation 
40-501.  Paragraph 3-1 provides that the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of their office, grade, rank, or rating.  To ensure all Soldiers are physically qualified to perform their duties in a reasonable manner, medical retention qualification standards have been established in Army Regulation
40-501, chapter 3.  These standards include guidelines for applying them to fitness decisions in individual cases.  These guidelines are used to refer Soldiers to an MEB.

10.  Army Regulation 15-185 (Army Board for Correction of Military Records) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that the FSM's narrative reason for separation be changed to show medical discharge – PTSD.

2.  The record shows that the FSM completed an eight-month tour in Vietnam and served honorably until he was discharged on 10 October 1977.  He immediately reenlisted on 11 October 1977.   His record during this reenlistment period reflects a pattern of financial instability and diminished job performance which led to his discharge on 31 August 1979 for unsuitability.  The FSM's record is void of any diagnoses of PTSD or other mental health conditions while on active duty.

3.  The fact that the FSM served in Vietnam and was exposed to stressors is not in question; however, there is insufficient evidence in the available record and the applicant did not provide sufficient evidence that shows the FSM was diagnosed with PTSD or any other mental condition that would have warranted his entry into the PDES during his period of service.  Medical retirement is based on the existence of a condition that did not meet retention standards.

4.  The fact that the VA, in its discretion, awarded him a disability rating is a prerogative exercised within the policies of that agency.  It does not, in itself, establish physical unfitness for Department of the Army purposes.

5.  The evidence of record confirms his discharge was based on his repeated acts of misconduct.  The evidence also confirms that all requirements of law and regulation were met and his rights were fully protected throughout the separation process.  The applicant has not met the burden of proof through the new evidence provided that the FSM was suffering from any medically unfitting condition, either a hearing problem or PTSD or any other mental condition, which would have required him to be processed for discharge through medical channels or which was the cause of his misconduct.

6.  The available evidence and the applicant's argument are insufficient to overturn the original Board decision.

7.  Therefore, there is no basis for 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 to amend the decision of the ABCMR set forth in Docket Number AR20120011996 dated 5 February 2013.



      ___________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)                                         AR20130005816



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ABCMR Record of Proceedings (cont)                                         AR20130005816



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