MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  15 September 1999
	DOCKET NUMBER:   AR1999021212

	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	
	Mr. Theodore G. Heartley		Analyst	

  The following members, a quorum, were present:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Ms. Kathleen A. Newman		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:  Upgrade of his honorable discharge from the USAR to a medical discharge due to posttraumatic stress disorder (PTSD).

APPLICANT STATES:  In effect, that he was treated for PTSD during his military service and that his PTSD condition led to his discharge from the USAR.

In support of his request, the applicant submitted a letter from his psychologist dated 29 October 1998, a copy of a letter to his Congressman dated 9 December 1998, and a copy of a VA disability rating decision document dated 21 September 1998.

EVIDENCE OF RECORD:  The applicant's military records show:

His complete medical file was not available to the Board.

He had 6 year, 5 months and 28 days of prior Regular Army (RA) service from 25 January 1966 to 21 July 1972 including service in Vietnam from 11 August 1966 to 5 August 1967.  At the time of his separation, he held the rank of staff sergeant (SSG E-6).  He signed a statement on 16 May 72 that indicated no change to his medical condition.  There was nothing in his available records that indicated he was diagnosed with PTSD at any time during his RA service or at the time of his separation from the RA.

On 29 May 1981, he enlisted in the California Army National Guard (CAANG) for a period of 3 years.  On his CAANG enlistment document he answered “no” and initialed the corresponding block relating to the question stating “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?”

His NGB Form 22, report of separation and record of service, shows that on 23 September 1981, he was discharged from the CAANG due to his USAR enlistment on 14 September 1981 after completing 3 months and 25 days of creditable service characterized as honorable.  (NOTE:  The Board noted the administrative error concerning the effective date of separation that reads 23 September 1981 and should read 13 September 1981, however, this minor administrative error is not germane to the issues presented in this case.)

His enlisted evaluation report for the period from October 1981 to September 1982 indicated a rating score of 121.5 out of 125.  His rater and senior rater commented, in pertinent part, that in his duties as a senior drill sergeant, he was technically and tactically proficient; that he should attend the advanced NCO course; and that he was in good physical condition.

On 1 November 1982, he was ordered to active duty in the Active Guard/Reserve (AGR) as a recruiter for a period of 3 years ending on 31 October 1985.  

USAR Control Group (Reinforcement) AGR order dated 2 December 1983, changed his active duty commitment from 3 years with an ending date of 31 October 1985 to 1 year, 2 months and 27 days with an ending date of 27 January 1984.  There was nothing in his records to explain the reason for the change in his AGR active duty service obligation.

His DD Form 214, separation document, indicated that on 27 January 1984, he was relieved from active duty for training on self terminating orders dated 2 December 1983 based on the completion of his required period of active duty for training and transferred to the USAR Control Group (Reinforcement).  He had completed 1 year, 2 months and 27 days of creditable service characterized as honorable.

On 24 August 1984, he reenlisted in the USAR Control Group (Reinforcement) Individual Ready Reserve (IRR) and received a $750.00 reenlistment bonus.

On 23 August 1987, he was discharged from the USAR Control Group (Reinforcement) IRR under the authority of Army Regulation 135-178 for completion of his term of service.

There was nothing in his available records that indicated he was diagnosed with PTSD at any time during his Reserve Component service or at the time of his discharge from the USAR.

In a letter to his Congressman, the applicant wrote, in effect, that he continued to suffer from the symptoms of PTSD incurred from his service in Vietnam; that even though he was a former drill instructor, he could not keep a job and became homeless; and that despite returning to military service as a recruiter, he still suffered from PTSD symptoms and sought treatment from a Navy psychologist.  He further wrote that the psychologist recommended removal from recruiting duty with retention on active duty which military officials ignored and subsequently discharged him.  He also wrote that in 1995, the VA granted him a disability rating of 10% for his PTSD condition and recently increased it to 100%, however he asked the VA to make the 100% disability rating retroactive to 1995 even though he really believed it should be 1983; and that he requested the Congressman’s assistance in getting the Army to approve disability for PTSD dating back to 1983. 

In his letter supporting the applicant’s request to this Board, the psychologist wrote, in effect, that he was aware of the applicant’s medical history and 
attended to his care in 1983 while in the Navy and reported to his chain of 

command that he suffered from PTSD, chronic and specific to Vietnam combat and alcohol dependence in remission.  He further wrote that his PTSD was still 
quite active and interfered with his duty performance; and that his removal from recruiting duty with retention on active duty would provide sufficient stress relief to allow him to continue to be productive.  However, military officials, apparently aware of his PTSD condition, ignored his recommendation and discharged him.  He added that during a telephone conversation, he learned that the applicant was not functioning well in his post-service life and believed his PTSD condition was a significant factor; and that the Army should favorably consider granting disability for PTSD to 1983.

VA disability rating decision document dated 21 September 1998, indicated that his PTSD disability rating of 30 % was increased to 100%.

PTSD, an anxiety disorder, was not recognized as a psychiatric disorder until Disorders Symptoms Manual (DSM) III.  The condition is described in the current current DSM-IV, pages 424 through 427.  While PTSD has only been categorized by psychiatrists as a distinct diagnosis since 1980, it has, as early as the Civil War, been described in psychological literature, variously labeled as shell shock, soldier's heart, effect syndrome, combat fatigue and traumatic neurosis.  Although the current label of PTSD is of rather recent acceptance, the idea that catastrophes and tragedies can result in persistent emotional and psychological 
symptoms is common even among the lay public.  Army Regulation 40-501 does not specifically categorize PTSD; however, it does address anxiety or neurotic disorders, which include PTSD, and provides that such disorders are unfitting only if persistence or recurrence of symptoms is sufficient to require extended or 
recurrent hospitalization, creates a necessity for limitations of duty or duty in a 
protected environment or resulting in interference with effective performance of military duty.

Title 38, United States 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.

Army Regulation 635-40, paragraph 2-2b, as amended, provides that when a member is being separated by reason other than physical disability, his 

continued performance of duty creates a presumption of fitness which can be 
overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

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.  The applicant’s request is not warranted considering the evidence of record.

2.  In the absence of any corroborating evidence to support his psychologist contention that he diagnosed a posttraumatic stress disorder condition in him in 1983 that related to his service in Vietnam, the Board presumes that he was physically and mentally fit at the time of his separation from both the Regular Army on 21 July 1972 and the Reserve Component on 23 August 1987.  The Board could find nothing in the records to indicate otherwise.

3.  In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the 
record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  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

__JA____  ___TK___  ___KN__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021212	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990915	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19840127	
DISCHARGE AUTHORITY	SELF TERMINATING ORDERS 	
DISCHARGE REASON	COMPLETION OF REQUIRED ADT	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110	
2.		
3.		
4.		
5.		
6.