IN THE CASE OF:	  

		BOARD DATE:	  3 April 2014

		DOCKET NUMBER:  AR20130012179 


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 all three of his discharge documents to show medical discharges.

2.  The applicant states he found out in 2003 that the Army diagnosed him with a mental illness at age 19.  He joined the Regular Army (RA) in 1972 and he was discharged in 1975.  In 2003, he was granted 100-percent service-connected disability because of a joint venture with a Congressional investigation and the Disabled American Veterans.  It was found that he had been diagnosed in 1973 with a mental illness called globus hystericus (a form of conversion disorder characterized by an uncomfortable sensation of a mass in the esophagus or airway).

	a.  He feels his discharge in 1975 should be changed to a medical discharge. He should have been informed about his mental illness while in service and given medical treatment.  He found out 31 years later that the Army knew he had a mental problem all the time.

	b.  His second discharge was from the Illinois Army National Guard (ILARNG).  He thought he was all right mentally so he enlisted in the ILARNG right after he was discharged from the RA.  At the time, his commanding officer read all of his military personnel and finance files; Army health records; and two doctors' statements, one for a mental health consultation and one diagnosing him with a mental illness.  He should not have been allowed to enlist considering his mental condition.  His commanders should have informed him of his mental illness so he could have gotten real help.

	c.  His last discharge should be changed to a medical discharge because the Army never told him he had a mental problem.  The doctor's statement for his mental illness had to be in his Army health records, but he was still allowed to stay in the Army.  He received a court-martial conviction for disobeying a direct order and was put in the stockade for a few days.  He had a perfect record.  He was never offered a company-grade Article 15 or a battalion-grade Article 15.  He was told he was being separated from the Army with a general discharge so he could go to a Department of Veterans Affairs (VA) hospital if he got sick or needed help.

3.  The applicant provides:

* two Standard Forms 600 (Chronological Record of Medical Care)
* a statement from Dr. E____, VA, Edward Hines, Jr. Hospital, dated 21 July 1997
* four letters from Dr. R____ M____, Associate Professor, Department of Psychiatry and Behavioral Medicine, Northwestern University Medical School, dated 30 December 1996, 28 April 1999, 12 October 2001, and 31 December 2001
* VA Board of Veterans' Appeals (BVA) Docket Number 03-02-605, dated 24 July 2003
* a statement from his wife, dated 18 May 2013

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 30 October 1972, he enlisted in the RA for 3 years.  On 7 June 1973, he was assigned to Company B, 121st Signal Battalion, Fort Riley, KS.


3.  The applicant provided:

	a.  an undated Standard Form 600, showing he was brought to Irwin Army Hospital, Fort Riley, KS, by ambulance for trouble breathing.  The impression rendered by the treating individual was globus hystericus; and

	b.  a Standard Form 600, containing an entry, dated 10 July 1973, indicating a mental health consultation was being requested.  However, the following entry, dated 11 July 1973, makes no mention of this consultation.  There is no evidence of whether the mental health consultation was conducted.

4.  The applicant's remaining service medical records were not available for review.

5.  On 8 August 1974, he was assigned to the 44th Air Defense Artillery in Korea. 
He successfully completed his tour of duty in Korea on 22 October 1975.

6.  On 23 October 1975, he was released from active duty.  He completed 2 years, 11 months, and 24 days of active service that was characterized as honorable.  There is no evidence he did not meet retention standards due to a mental condition at the time of his separation.

7.  On 9 January 1976, he enlisted in the ILARNG for 2 years.  His application for enlistment in the ILARNG was not available for review.  He was discharged from the ILARNG on 8 January 1978.  He completed 2 years of service that was characterized as honorable.  There is no evidence available showing the ILARNG was aware the applicant had received treatment for a mental condition.

8.  On 4 March 1981, he provided information required for application for enlistment in the RA.  Item 35e of the DD Form 1966 (Record of Military Processing – Armed Forces of the United States) asks, "Have you ever been a patient (whether or not formally committed) in any institution primarily devoted to the treatment of mental, nervous, emotional, psychological, or personality disorders?"  The applicant initialed "NO" to this question.

9.  On 6 March 1981, the applicant enlisted in the RA for 3 years.

10.  He accepted nonjudicial punishment (NJP) on:

* 16 September 1981 for being drunk and disorderly
* 3 November 1981 for three specifications of disobeying a lawful order from a noncommissioned officer (NCO), failing to go to his prescribed place of duty, and being disrespectful toward an NCO

11.  On 3 November 1981, the applicant's commander initiated a local bar to reenlistment recommending the applicant's bar from reenlisting based on his receipt of NJP on two occasions.  He stated the applicant was under investigation for an alcohol-related incident in the Turret Club.  He was being evaluated for mental stability as he had demonstrated several unacceptable behavioral problems; e.g., urinating in his room and drunkenness.  He had established a pattern of drunkenness on weekends that led to belligerent, aggressive tendencies.

12.  A DA Form 4126-R (Bar to Reenlistment Certificate), dated 3 November 1981, shows the applicant was furnished a copy of the recommendation and he indicated he did desire to submit a statement.  The form further shows:

* he acknowledged he received a copy of his commander's recommendation to bar him from further reenlistment
* he was counseled and advised of the basis for the action
* the bar to reenlistment was approved on 3 November 1981

13.  In his statement, the applicant stated he wasn't involved in the incident at the Turret Club and he tried to explain that to his chain of command.  He felt the bar would negatively affect his military career.  He was trying his best not to get into trouble.  He indicated he could be a good Soldier if given a chance.

14.  On 2 September 1982, court-martial charges were preferred against the applicant for:

* being absent without leave (AWOL) 14-22 August 1982
* three specifications of failing to obey a lawful order from an NCO
* failing to obey a lawful order from a commissioned officer
* breaking restriction

15.  On 6 September 1982, he was admitted to the 97th General Hospital, Frankfurt, Germany, for detoxification.

16.  On 13 October 1982, he voluntarily requested discharge for the good of the service.  He acknowledged he understood the offenses he was charged with and he was:

* making the request of his own free will
* guilty of the offense for which he was charged
* afforded the opportunity to speak with counsel prior to making this request
* advised that he may be furnished an Under Other Than Honorable Conditions Discharge Certificate

17.  In addition, the applicant was advised that he might expect to encounter substantial prejudice in civilian life if he received a discharge under other than honorable conditions and he:

* would be deprived of many or all Army benefits
* might be ineligible for many or all VA benefits
* elected not to make a statement in his own behalf

18.  On 19 October 1982, the appropriate authority approved the applicant's request for discharge for the good of the service.  He directed the applicant's reduction to private/pay grade E-1 and his discharge under other than honorable conditions.

19.  On 25 October 1982, he was given a mental status evaluation.  The examiner found the applicant met the physical retention standards prescribed in Army Regulation 40-501 (Standards of Medical Fitness).  The examiner further determined the applicant was mentally responsible, able to distinguish right from wrong, able to adhere to the right, and had the mental capacity to understand and participate in proceedings.

20.  On 15 December 1982, he was discharged for the good of the service in lieu of trial by court-martial under the provisions of Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), chapter 10.  He completed 1 year, 8 months, and 2 days of net active service during this period that was characterized as under other than honorable conditions.  He also had 35 days of lost time.

21.  There is no indication that he applied to the Army Discharge Review Board for an upgrade of his discharge within that board's 15-year statute of limitations.

22.  The applicant provided four letters from Dr. M____ who stated:

* he had been treating the applicant since October 1996
* the applicant has had many serious symptoms, including debilitating depression, intense irritability, profoundly disorganized thinking, auditory hallucinations telling him to kill himself and others, paranoid delusions, and both suicidal and homicidal ideations
* in a letter, dated 28 April 1999, he diagnosed the applicant with schizoaffective disorder and ruled out bipolar I disorder
* in a letter, dated 12 October 2001, he diagnosed the applicant with bipolar I disorder and ruled out schizoaffective disorder
* the applicant's first psychiatric hospitalization occurred in 1975 secondary to a suicide attempt by hanging
* the applicant's entire psychiatric history was consistent with episodic mood alterations, sometimes with psychotic features, of bipolar disorder
* the applicant's symptoms have been worsened and confounded by periods of excessive alcohol and cannabis use
* the applicant's bipolar disorder became evident at the time of his first psychiatric hospitalization in 1975

23.  VA BVA Docket Number 03-02-605, dated 24 July 2003, provided by the applicant, concluded that the applicant's bipolar disorder was incurred in active service based on the following:

	a.  The applicant's service medical records indicate he reported having passed out during physical training in July 1973 and having been taken to the emergency room.  He stated the doctor had told him he had a nervous problem.  The July 1973 treatment record indicates he was then referred to the Mental Health Clinic.  Any psychiatric evaluation, if such was performed, is not of record.

	b.  Hospitalizations are mentioned in 1985, 1989, 1992, and 1995.

	c.  The applicant was hospitalized in October 1996 after being involved in a car hijacking and that episode resulted in a diagnosis of an acute stress disorder and bipolar disorder.  He reported experiencing hallucinations, racing thoughts, mood swings, and manic behavior since 1975 when he was separated from the service.  In October 1996, one of his therapists found that he had been suffering from bipolar disorder since 1985.

24.  The applicant submitted a statement from his wife, dated 18 May 2013.  She stated she discovered he had serious mood swings and sometimes erratic behavior after dating him for a while.  In 1992, he was admitted to the Hines VA Hospital in Illinois for alcoholism.  She went to family meetings with him and attended Alcoholics Anonymous-sponsored family events with him.  She described his years of mental distress and several suicide attempts.  He was finally diagnosed as having a bipolar disorder in 1996.

25.  The Diagnostic and Statistical Manual of Mental Disorders, Fourth Edition, defines conversion disorder as one or more symptoms or deficits present that affect voluntary motor or sensory function suggestive of a neurologic or other general medical condition.

26.  Army Regulation 635-200, in effect at the time, set forth the basic authority for the administrative separation of enlisted personnel.

	a.  Chapter 10 stated a member who was charged with an offense or offenses for which the authorized punishment included a punitive discharge could submit a request for discharge for the good of the service in lieu of trial by court-martial.  The request could be submitted at any time after charges had been preferred and must have included the individual's admission of guilt.  Although an honorable or general discharge was authorized, a discharge under other than honorable conditions was normally issued to an individual who was discharged for the good of the service.

	b.  An honorable discharge was a separation with honor and entitled the recipient to benefits provided by law.  The honorable characterization was appropriate when the quality of the member's service generally had met the standards of acceptable conduct and performance of duty for Army personnel or was otherwise so meritorious that any other characterization would have been clearly inappropriate.

	c.  A general discharge was a separation from the Army under honorable conditions.  When authorized, it was issued to a Soldier whose military record was satisfactory but not sufficiently meritorious to warrant an honorable discharge.

27.  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, however, is not required by law to determine medical unfitness for further 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.  Consequently, due to the two concepts involved, an individual'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 the individual for VA benefits based on an evaluation by that agency.  The VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.

DISCUSSION AND CONCLUSIONS:

1.  The Standard Forms 600 he provided from his first period of service from 30 October 1972 to 23 October 1975 mentioned globus hystericus and a mental health consultation.  Globus hystericus in and of itself is not a mental illness, although it can be a symptom of a conversion disorder.  There is no available evidence showing whether he received a mental health consultation or the results thereof.  He was transferred to Korea soon after, so it is reasonable to presume no mental health issues were found.  He completed his enlistment and his service was characterized as honorable.  There is no evidence showing he did not meet retention standards for a mental health condition prior to his release from active duty.  Therefore, there is insufficient evidence to change this discharge to a medical discharge.

2.  He contends that at the time of his enlistment in the ILARNG his commanding officer knew of two doctor's statements, one for a mental health consultation and one diagnosing him with a mental illness.  He is apparently referring to the two Standard Forms 600 from his previous enlistment in the RA.  There is no evidence the ILARNG knew of any mental condition suffered by the applicant, including a psychiatric hospitalization in 1975 secondary to a suicide attempt by hanging.  This hospitalization is mentioned in Dr. M____'s letter, dated 12 October 2001, and in the VA BVA Docket Number 03-02-605, dated 24 July 2003.  Therefore, in the absence of evidence to the contrary, it appears the applicant withheld this information when he enlisted in the ILARNG.  There is no evidence showing he did not meet retention standards for a mental health condition prior to his discharge.  Therefore, there is insufficient evidence to change this discharge to a medical discharge.

3.  The fact that the applicant initialed "NO" in item 35e of his DD Form 1966 in March 1981 indicates he withheld information about his previous mental health treatment in 1975 when he enlisted on 6 March 1981.

4.  His service medical records were not available for review.  There is no evidence the applicant was treated for or that he did not meet retention standards for a mental health condition during his period of service from 6 March 1981 to 15 December 1982.

5.  His voluntary request for separation for the good of the service to avoid trial by court-martial under the provisions of Army Regulation 635-200, chapter 10, was administratively correct and in conformance with applicable regulations.

6.  The type of discharge directed and the reasons for discharge were appropriate considering all the facts of the case.  The applicant's records contain no evidence of procedural or other errors that would have jeopardized his rights.

7.  He failed to complete the term of service he contracted for, he accepted NJP on two occasions, and he had 35 days of time lost.  Therefore, his final period of service was unsatisfactory.

8.  In view of the above, there is an insufficient basis to upgrade his discharge for the period ending 15 December 1982 to honorable or general under honorable conditions or to change it to a medical discharge.

9.  VA BVA Docket Number 03-02 605, dated 24 July 2003, found his claim for service connection was supported by medical evidence of the in-service incurrence of a psychiatric disease and medical evidence of a nexus between the in-service disease and the current disability.  The VA, which has neither the authority nor the responsibility for determining physical fitness for military service, awards disability ratings to veterans for conditions that it determines were incurred during military service and subsequently affect the individual's employability.  Accordingly, it is not unusual for the VA to award a veteran a disability rating when the veteran was not separated due to physical unfitness.  Therefore, BVA Docket Number 03-02 605, dated 24 July 2003, is not sufficient evidence to change any of the applicant's discharges to a medical discharge.

10.  The statement from the applicant's spouse was noted.  However, it appears that she met the applicant years after his discharge from the Army.  While she was able to attest to his problems since she met him, she had no first-hand knowledge of his condition during his periods of active service.

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)                                         AR20130012179



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ABCMR Record of Proceedings (cont)                                         AR20130012179



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