MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           6 October 1999                   
	DOCKET NUMBER:   AR1999017354

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Van B. Cunningham		Member	
	Mr. Roger W. Able		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  That his injuries be considered combat-related.

APPLICANT STATES:  That his psychiatric problems were a direct result of his combat participation in both Operation Desert Shield/Storm in 1990/1991 and in Operation Provide Comfort in 1996.

EVIDENCE OF RECORD:  The applicant's military records are not available.  Information contained herein was obtained from the application and from the physical evaluation board proceedings.

The applicant apparently enlisted in the Regular Army on 16 May 1989.  He reported on temporary duty to Incirlik Air Base, Turkey on 3 June 1996 in support of Operation Provide Comfort as a 96B (intelligence analyst) Operations Non-commissioned Officer.  He was authorized imminent danger pay.  

After suffering a psychotic episode in July 1996 which worsened over a ten-week period, the applicant was medically evacuated to Fort Gordon, GA.  He was diagnosed with bipolar disorder with psychotic features and in December 1996 was found unfit for duty and placed on the temporary disability retired list. After several re-evaluations, he was approved for permanent disability retirement with a disability rating of 50 percent in June 1999.  

Guidance provided to the Board from the Physical Disability Agency (PDA) specifies that a disability or injury is considered to be a “direct result of armed conflict” if the injury or disease was incurred while the soldier was engaged in armed conflict, an operation or incident involving armed conflict or the likelihood of armed conflict, while interred as a prisoner of war or detained against his/her will in the custody of a hostile or belligerent force, or while escaping or attempting to escape from such prisoner of war or detained status.  The disability must also be based upon a direct causal relationship between the armed conflict, operation, prisoner of war or detained status and the injury.  This is not a casual connection or just having something occur to the soldier while in an area of armed conflict or hostilities.  Normally, soldiers who sustain injuries while assigned to administrative, supply, or other support duties in the rear area are not considered to be in the area of combat operations unless the injury is actually incurred during an enemy attack in the immediate area.  There must be a direct cause and effect between the “armed conflict” and the disability.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  There is no evidence of record, nor has the applicant submitted any such evidence, to show that his disabilities were incurred in combat as defined by the PDA.
2.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

_aao____  __vbc___  __rwa___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017354	
SUFFIX		
RECON		
DATE BOARDED	19991006	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.