BOARD DATE:	  17 April 2014

		DOCKET NUMBER:  AR20130012590 


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 that the reason for his discharge be changed to disability retirement.  

2.  He states he was hospitalized during his Army service and diagnosed with schizophrenia which was treated with medication.  After he was discharged from the hospital, he continued to experience episodes of paranoia, and he was subjected to ridicule by fellow Soldiers because of his mental condition.  He discontinued taking his medication because of intolerable side effects.  Approximately a year after developing psychosis, he became extremely paranoid and went absent without leave (AWOL) from 7 August to 4 September 1990.  At the time, he was unaware of the benefits available under the Army's Physical Disability Evaluation System (PDES).  As a result, he suffered for months until his eventual discharge.  Had he known of the disability compensation options available, he would have pressed for a disability retirement.  

3.  He states he is currently rated by the Department of Veterans Affairs (VA) as 50 percent disabled for a mental condition that has been linked to his service.  He notes that Army Regulation 40-501 (Standards of Medical Fitness), paragraph “3-29” states causes for separation include recurrent psychotic episodes and a recent history of psychotic reaction sufficient to interfere with duty performance or with social adjustment.  

4.  He also states that, before his application is reviewed, he wishes to receive copies of any advisory opinions the Army Board for Correction of Military Records (ABCMR) obtains, any military investigative reports or Federal criminal records the ABCMR obtains, the case examiner's memorandum for the Board in this case, and any other documents the ABCMR generates.  

5.  He provides:

* five-page self-authored statement
* DA Form 2-1 (Personnel Qualification Record)
* excerpts from his service medical records
* orders
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 4187 (Personnel Action)
* VA Decision Review Officer Decision

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 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 23 March 1983, the applicant enlisted in the Regular Army.  After completing initial entry training, he was awarded military occupational specialty 16P (Chaparral Crewmember).

3.  On 4 March 1986, he reenlisted for a period of 5 years.

4.  A DA Form 4187, dated 5 September 1990, shows he departed AWOL on 7 August 1990 and surrendered at Fort Myer, VA, on 4 September 1990.  

5.  A DA Form 4187, dated 14 September 1990, shows he was reduced from specialist/E-4 to private/E-1 effective 14 September 1990.

6.  His complete service medical records are not available for review.  However, he provides excerpts from his service medical records in support of his application.

	a.  A Standard Form 93 and Standard Form 88 completed shortly before he enlisted show no history of medical treatment for psychiatric conditions.  

	b.  An Optional Form 275 (Medical Record Report), dated 21 March 1989, provides a narrative summary signed by an Army Medical Corps officer of the Department of Psychiatry, Landstuhl Army Regional Medical Center.  The form shows he was hospitalized from 14 to 21 February 1989, and his chief complaint was "being followed around."  

		(1) A description of the history of his illness shows he reported having had trouble sleeping for some time.  Nothing frightening happened until he and his unit came back from the field on 10 February 1989.  He stated that ever since their return, he had trouble concentrating and felt that an unknown person was following him around.  After he was discharged from the hospital, he revealed that he had been taking a lot of diet pills for unknown reasons.  He stated he always met weight standards.

		(2) The officer noted no significant past medical history.  She noted that a mental status examination on admission found he was confused, his eyes darted around as though he was watching something, and his affect had a decreased range.

		(3)  The form shows he was prescribed Haldol and Artane.  He improved rapidly and felt better.  His speech became more coherent, he appeared more relaxed, and he asked to go back to work.  Therefore, he was discharged on 21 February 1989.  

		(4)  The officer noted his discharge diagnosis was schizophreniform disorder and indicated he was to follow up with the Landstuhl Mental Health Clinic in 2 weeks.  

	c.  A Standard Form 88 shows he underwent a medical examination for the purpose of separation.  The form shows a normal clinical evaluation in all areas, and the examining physician found him qualified for separation.  Item 73 (Notes and Significant of Interval History) shows the entry "Good health" and the applicant's signature.  

7.  On 8 May 1991, he was honorably discharged under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), chapter 4, by reason of expiration of term of service.  

8.  He provides a VA Decision Review Officer Decision, dated 29 October 2008, showing that, after receipt of a Notice of Disagreement from the applicant, the VA awarded him a 50 percent service-connected disability rating based on a diagnosis of schizoaffective disorder.  The decision shows a VA physician reviewed his records and determined that, since he was initial treated for the psychotic condition of shizophreniform disorder in service and was still affected by the psychotic condition of schizoaffective disorder, the current condition began in service.

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.  Separation or retirement by reason of disability requires processing through the PDES.  The regulation states the mere presence of an 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 his or her office, grade, rank, or rating.  

10.  Army Regulation 635-40 states unit commanders are responsible for referring a Soldier to the servicing medical treatment facility (MTF) for medical evaluation when the Soldier is believed to be unable to perform the duties of his or her office, grade, rank, or rating.  MTF commanders are responsible for providing a thorough and prompt evaluation when a Soldier’s medical condition becomes questionable with respect to physical ability to perform duty

11.  Chapter 3 of Army Regulation 40-501 gives the various medical conditions and physical defects which may render a Soldier unfit for further military service.  The version in effect at the time stated that Soldiers with conditions listed in this chapter were to be evaluated by a medical board and referred to a physical evaluation board.  Paragraph 3-31 of the version in effect at the time provided that mental disorders not secondary to intoxication, infections, toxic or other organic causes, with gross impairment in reality testing, resulting in interference with duty or social adjustment were conditions that may render a Soldier unfit for further military service.

12.  Title 38, U.S. Code, sections 1110 and 1131, permits the VA to award compensation for medical conditions incurred in or aggravated by active military service.  The VA, however, is not empowered 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 may have a medical condition that is not considered medically unfitting for military service at the time of processing for separation, discharge, or retirement, but that same condition may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.

DISCUSSION AND CONCLUSIONS:

1.  The staff of the Board did not obtain any advisory opinions during the processing of this case.  Had such opinions been obtained, they would have been provided to the applicant in advance of the Board's consideration of the case under rules governing ex parte communications.  Any other records the Board may review are not normally provided to applicants in advance of the Board's decision.  If applicants take issue with or desire to rebut any evidence considered by the Board, they may submit a request for reconsideration under the criteria provided in Army Regulation 15-185 (ABCMR).  

2.  The evidence of record does not support the applicant's request that the reason for his discharge be changed to disability retirement.

3.  The record shows he was hospitalized and diagnosed with schizophreniform disorder during his second term of service.  Upon discharge from the hospital, he returned to duty.  In the absence of evidence showing otherwise, it must be presumed that the medical staff treating him did not believe his condition was of such severity that he was unable to perform his assigned duties.  There is no evidence that his commander referred him for medical evaluation after his hospitalization.  

4.  Although he went AWOL after he had been hospitalized, other than his own statement there is no evidence linking his decision to go AWOL to his diagnosis.  

5.  In the absence of evidence showing otherwise, it must be presumed that in spite of his diagnosis, the applicant adequately performed his assigned duties.  That being the case, there would have been no reason to refer him to the PDES.  The fact that the VA has granted him a service-connected disability rating is not evidence of an error in the reason for his discharge.  

6.  He was discharged by reason of expiration of term of service, and the available evidence shows no other basis for his discharge.  Therefore, he is not entitled to the relief he has requested.




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)                                         AR20130012590





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ABCMR Record of Proceedings (cont)                                         AR20130012590



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