IN THE CASE OF:	  

		BOARD DATE:	  14 May 2015

		DOCKET NUMBER:  AR20140017220 


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, in effect, a review of his 1969 disability processing.

2.  The applicant states he does not have a mental condition, i.e., physical disability.  He believes the record is incorrect or unjust for expediency. 

3.  The applicant does not provide any additional evidence. 

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 was inducted into the Army of the United States on 28 March 1968 and he held military occupational specialty 11B (Light Weapons Infantryman). 

3.  He served in Vietnam from on or about 25 August 1968 to on or about 17 January 1969.  He attained the rank/grade of specialist four/E-4.

4.  According to his narrative summary:

	a.  He was evacuated from Vietnam on 17 January 1969 after having been diagnosed with paranoia.  While in Vietnam, he became quite anxious and had mixed feelings about his position as a squad leader.  He felt he was being punished for doing something wrong and he was paranoid, delusional, and went absent without leave.  On examination, his physicians diagnosed him with schizophrenic reaction, paranoid type, acute, severe, manifested by delusions, paranoid ideation, and looseness of association.

	b.  He was considered medically disqualified for retention in accordance with paragraph 29, section 15, chapter 3, Army Regulation 40-501 (Standards of Medical Fitness).  He was referred to a medical evaluation board (MEB). 

5.  On 21 February 1969, an MEB convened and, after consideration of clinical records, laboratory findings, and physical examinations, the MEB found the applicant was diagnosed with schizophrenic reaction, paranoid type, acute, severe, manifested by delusions, paranoid ideation, and looseness of association.  The MEB recommended his referral to a physical evaluation board (PEB).  He agreed with the MEB's findings and recommendations and indicated he did not desire to continue on active duty.

6.  On 4 March 1969, an informal PEB convened and found the applicant's conditions prevented him from performing the duties required of his grade and military specialty and determined that he was physically unfit due to schizophrenic reaction, paranoid type; psychosis in full remission. 

	a.  The PEB rated him under the VA Schedule for Rating Disabilities (VASRD) code 9203 (Bipolar Disorder) at 0 percent.  The PEB recommended a combined disability rating of 0 percent and the applicant be separated from the service with severance pay.

	b.  Throughout the disability process, he appears to have been counseled  and informed of his rights.  It appears he concurred with the findings and recommendations of the PEB and waived his right to a formal hearing of his case.

7.  On 27 March 1969, the Office of the Adjutant General approved his PEB and ordered his discharge in the rank/grade of SP4/E-4 with entitlement to severance pay based on 1 year and 5 days of active service.

8.  He was honorably discharged on 4 April 1969 under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), by reason of disability.  The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued shows he completed a total of 1 year and 7 days of active service. 

9.  Army Regulation 635-40 establishes the Army Physical Disability Evaluation System (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.

10.  Army Regulation 40-501 governs medical fitness standards for enlistment; induction; appointment, including officer procurement programs; retention; and separation, including retirement.  Once a determination of physical unfitness is made, the PEB rates all disabilities using the VASRD.  Ratings can range from 0 percent to 100 percent rising in increments of 10 percent.

11.  Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent Title 10, U.S. Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating at less than 30 percent.

DISCUSSION AND CONCLUSIONS:

1.  The applicant sustained a mental health condition that warranted his entrance into the PDES.  The reason he was referred to the disability system was because of the mental health diagnosis.  He underwent an MEB which recommended his referral to a PEB.  He agreed with the MEB's findings and recommendations and indicated he did not desire to continue on active duty.  The informal PEB found his medical condition prevented him from reasonably performing the duties required of his grade and military specialty.

2.  An informal PEB considered his condition and determined he was physically unfit for further military service.  The PEB rated his schizophrenic reaction, paranoid type, and recommended a 0 percent disability rating.  He appears to have agreed with the findings and recommendation.  He was discharged in the rank/grade of SP4/E-4 on 5 April 1969.  

3.  A disability rating assigned by the Army is based on the level of disability at the time of the Soldier's separation and can only be accomplished through the PDES.  The applicant was rated at less than 30 percent.   Since this rating was less than 30 percent, by law he was only entitled to severance pay.  He provides no medical evidence to support a higher rating for any condition.

4.  After a review of the evidence of record, the evidence shows his physical disability evaluation was conducted in accordance with law and regulations and the applicant exercised his rights and options with respect to demanding a formal hearing of his case, representation by counsel, and the submission of any medical evidence.  There does not appear to be an error or an injustice in his case. 

5.  The applicant has not submitted substantiating evidence or an argument that would show an error or injustice occurred in his case.

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)                                         AR20140017220





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ABCMR Record of Proceedings (cont)                                         AR20140017220



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