IN THE CASE OF:	  

		BOARD DATE:	  11 September 2014

		DOCKET NUMBER:  AR20130021983 


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 record to show he was discharged due to post-traumatic stress disorder (PTSD) with depression and a personality disorder.

2.  The applicant states, in effect, he suffered from documented PTSD prior to his military service.  He was involved with a crash of a C-130 while on active duty and the handling of the dead crewmembers permanently aggravated his PTSD.  He states he did not receive proper medical treatment while on active duty and that directly led to him being imprisoned for a "violent incident."

3.  The applicant provides a copy of his Department of Veterans Affairs (VA) rating decision, dated18 June 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.  A Standard Form 93 (Report of Medical History), dated 7 November 1985, that was completed as part of the applicant's enlistment processing shows he stated that he considered himself to be in "excellent" health and he was taking no medication.  He reported a history of a right ankle fracture at age 5 and nervous trouble after the death a friend in 1984.  Following the death of his friend, he had attempted suicide and was hospitalized for 5 days. 

3.  As a part of his entrance examination on 7 November 1985, based on his reported suicide attempt, he was afforded a psychiatry consultation.  The applicant related that in the summer of 1984 he came upon an accident wherein two of his close friends died, one by decapitation.  He reported that on 31 July 1984 he attempted suicide and was hospitalized for 5 days.  The attending psychiatrist indicated the applicant's suicide attempt and depression had been the result of a situational reaction to the accident and had cleared on its own.  The attending psychiatrist cleared the applicant for enlistment. 

4.  On 28 January 1986, the applicant enlisted in the Regular Army; he completed the training requirements and he was awarded military occupational specialty 63B (Light Vehicle Mechanic).

5.  On 12 May 1986, he was evaluated after he complained of being nervous.  He reported frequent crying and that he had multiple personal problems.  He stated he wanted to go home.  The impression was he had a severe adjustment disorder with depression.  

6.  On 27 October 1986, the applicant received nonjudicial punishment under Article 15, Uniform Code of Military Justice for three specifications –

* intentionally injuring himself by refusing to eat or drink for the purpose of avoiding duty
* communicating a threat to kill a commissioned officer
* using provoking words - by threatening to kill a noncommissioned officer

7.  On 20 February 1987, the applicant was assigned to the Medical Holding Company at Fort Bragg, North Carolina for treatment of a left foot/ankle problem.  He underwent an evaluation and treatment for the condition including a review by a Physical Evaluation Board.  He was found fit for duty and returned to regular duty with a profile.  

8.  On 17 September 1987, he received orders transferring him to Germany with a reporting date of 31 October 1987.  The available evidence shows that he was in a casual status enroute to Germany on 1 October 1987.

9.  A treatment record, dated 2 December 1987, shows the applicant was seen due to complaining of severe anxiety and depression since his arrival in Europe 
4 weeks previously.  He recounted stress over his family separation and financial situation.  He reported he had suffered from depression in 1984 and had attempted suicide after witnessing a traumatic accident.  He was diagnosed as suffering from depression with severe anxiety and an "unstable mental status."  He was referred for a mental status evaluation.  

10.  A DA Form 3822-R (Report of Mental Status Evaluation), dated 
10 December 1987, shows the applicant was fully alert and oriented.  In the remarks section, he was reported to be suffering from a severe atypical personality disorder with a deeply ingrained, maladaptive pattern of behavior that interfered with his ability to perform his duties.  It was recommended that he be discharged.

11.  On 14 December 1987, his command initiated separation action under Army Regulation 635-200, paragraph 5-13 for a personality disorder that interfered with his ability to perform his duty.

12.  The applicant acknowledged the separation action, consulted with counsel, and declined to submit a statement on his own behalf.

13.  The discharge authority approved the applicant's discharge and he was honorably discharged on 22 December 1987, due to personality disorder.  

14.  In January 1988, the applicant received a 10 percent disability rating from the VA for a left foot/ankle problem.  He was also shown to have been suffering from an adjustment disorder with depression that was considered as non-service connected because it existed prior to service (EPTS).

15.  On 20 August 1990, the ABCMR denied the applicant's request to show he was medically discharged with severance pay or medically retired based on his ankle problem.





16.  On 18 July 2013, the VA granted the applicant a 30 percent disability rating for PTSD.  The VA rating decision provided the following rationale for granting the applicant's request for service connection for PTSD stating:

Service connection for PTSD has been granted because this condition, which existed prior to service was permanently worsened as result of service.  The VA examiner reported that you had a mental condition (PTSD) prior to service due to stressors you had experienced, particularly the death of friends in a motorcycle accident.  Your enlistment examination showed psychiatric abnormalities because you had previously attempted suicide.  However, you were allowed to enlist in the military.

During your military service, you reported that you saw several traumatic events and circumstance following a plane crash at Ft. Bragg.  Your personnel records show you were assigned to a medical hold company as a patient from February 27, 1987, to October 1, 1987.  We were able to verify that there was a C-130 crash at Ft. Bragg on July 1, 1987, and all seven aboard and one Soldier on the ground were killed.  Because you would have been in and around medical facilities at that time, we have conceded that you were exposed to your reported stressor.

You had a VA examination on June 17, 2013.  The examiner stated that you had symptoms of both PTSD and a personality disorder. Please note, that according to the regulations, personality disorders are not subject to compensation.  The examiner stated that your issues with temper, and your inability to deal constructively with others, are much more likely due to your antisocial personality disorder.  It was also noted that there were marked tendencies to exaggerate the severity and functional impact of your symptoms due to your antisocial personality.  Therefore, it is difficult to assess the objective symptoms associated with PTSD.  You reported several symptoms including depressed mood, suspiciousness, chronic sleep impairment, flattened affect, disturbance of motivation and mood, difficulty in establishing and maintaining relationships, suicidal ideation, and impaired impulse control.  The examiner concluded that you have a significant personality disorder which reduces your stress management skills and capacity.  You experienced a PTSD syndrome after your 1984 trauma, and this PTSD syndrome was aggravated by your noncombat trauma while in military service.  The examiner reported that the severity of your current PTSD is difficult to evaluate given the tendency to exaggerate symptoms, but is probably not so severe as to be untreatable with evidence based psychotherapy.  The examiner stated your overall occupational and social impairment is due to mild or transient symptoms which decrease work efficiency and ability to perform occupational tasks only during periods of significant stress, are controlled by medication.

The Joint Services Records Research Center confirmed that a C-130 aircraft crashed on 1 July 1987, at Ft. Bragg, killing seven on board and an Army Soldier on the ground.  

17.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel.  Paragraph 5-13 establishes policy and prescribes procedures for separating members for personality disorder (not amounting to a disability under Army Regulation 
635-40), a deeply-ingrained maladaptive pattern of behavior which interferes with the individual's ability to perform.  A diagnosis by a psychiatrist is required.  An honorable discharge is issued unless an entry level separation is required.  

18.  Army Regulation 40-501 provides medical fitness standards for retention and separation, including retirement.  Chapter 5 provides the various medical conditions and physical defects that render individuals unfit for further service.  Personality disorders may render individuals administratively unfit rather than unfit due to physical disability.  Interference with effective performance of duty in association with these conditions is to be dealt with through appropriate administrative channels.

19.  Title 38, U.S. Code, sections 310 and 331, 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided and the record does not contain any verifiable evidence that the applicant witnessed the Fort Bragg C-130 crash or worked with the remains of any crewmembers killed in that accident.  
2.  The VA presumption that simply because the applicant was assigned to the medical holding at Fort Bragg he was exposed to the traumatic event is not supported by the available evidence.  On 2 December 1987, he mentioned stress over his family separation and financial difficulties.  No mention of his being traumatized by the July 1987 aircraft crash was mentioned.

3.  The applicant was diagnosed with a personality disorder months before the Fort Bragg crash.  The personality disorder with depression diagnosis was carried throughout the remainder of his period of service and at no time, while on active duty, did he receive a diagnosis of any psychiatric, psychological, mental, or emotional problems other than related to his personality disorder with depression.  

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)                                         AR20130021983



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ABCMR Record of Proceedings (cont)                                         AR20130021983



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