MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            24 June 1999      
	DOCKET NUMBER:   AR1999025576

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O' Connor, Jr.		Chairperson	
	Mr. Gary C. Miller		Member	
	Mr. Curtis L. Greenway		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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	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:  In effect, he requests that his record be corrected to show his rank as Staff Sergeant, just prior to his discharge.  He states that he was suffering from combat fatigue at the time and was not responsible for his actions.  After his discharge, he was awarded a 100 percent disability rating by the VA.  All his VA records show that he had combat fatigue, which was the reason that he did things resulting in his reduction.  He was not in his right mind and not responsible for his actions. 

He is still being cared for by the VA.  He is now 65 years old, had a triple bypass, and now cancer.  He was a good soldier during the Korean War, never went on sick call once during the war, and fought as well as any soldier there.  He would have died gladly for his country.  He has been 100 percent disabled for years.  He knows of men who ran away and deserted and had their discharge changed.  He did his job.  If an apology is in order for being sick, he is sorry.  He is still being medicated.

The applicant submits two newspaper articles showing that his rank, both prior to and subsequent to, his tour in Korea was Sergeant. 

COUNSEL CONTENDS:  Counsel notes that the applicant earned various awards during his service, to include a Good Conduct Medal, and that he had     2 years, 6 months, and 14 days of foreign service.  The applicant started exhibiting inappropriate behavior which resulted in his reduction to private and his discharge from the Army.  However, he was diagnosed with post traumatic stress disorder by the VA, with a 100 percent disability.  Since his discharge, he has required numerous hospitalizations for his condition.  Three years after his discharge he was released from employment pending treatment by a psychiatrist. In 1971 a doctor stated that his complete diagnosis during service was anxiety neurosis in an explosive personality, and the basic personality traits and neurotic symptoms could not be separated but together resulted in continuing disability. Counsel states that the applicant’s condition was due to PTSD (post traumatic stress disorder) and he could not have been responsible for his action.  Counsel supports the applicant’s request to be restored to the rank of Staff Sergeant.  COPY OF COUNSEL’S STATEMENT IS ATTACHED.         

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records may have been lost or destroyed in the National Personnel Records Center fire of 1973.  Information herein was obtained from alternate sources.

A Camp Polk, Louisiana hospital record shows that the applicant was admitted to the hospital on 14 February 1952, that his unit was Company A of the 318th Tank Battalion (Armored), and that his condition was diagnosed as anxiety reaction, moderately severe, chronic (residuals of a delayed combat reaction), manifested by tank phobia, mild depression, insomnia, anorexia, and aggressive behavior.  His physical profile was 1 1 1 1 1 2T.  He was released for duty to his unit on      19 March 1952. 

A 19 March 1952 neuropsychiatric service report indicates that the applicant was admitted to the hospital at Camp Polk on 14 February 1952 following an outbreak of overt aggression, in which he struck several men before he could be forcibly subdued.  He apparently had been drinking with some soldiers and suddenly became wild.  He gave a history of insomnia, tenseness, anorexia with mild depression which began insidiously following six to seven months of combat in Korea.  He developed a phobia for tanks after assignment to Camp Polk.  He was started on fractional insulin therapy and had shown a good response during his period at the hospital.  The chief of the neuropsychiatric service recommended that the applicant be returned to duty with monthly follow up at the out patient clinic.

A 12 May 1952 medical record shows that the applicant had been taking insulin for combat fatigue and persistent headaches, and that he had been discharged from a hospital about a month ago.

Medical records show that he was diagnosed by Camp Irwin, California medical personnel as having malaria in May 1992, by Camp Clarke dispensary (Germany) medical personnel as having malaria in September 1952, and by Bad Kissingen, Germany medical personnel as having malaria in February 1953.

A medical record from the Bad Kissingen (Germany) dispensary shows that the applicant was transferred from the aid station and admitted on 17 February 1953, and his condition was diagnosed, aggressive reaction.  He was returned to duty on 19 February 1953.  A 20 February 1953 record shows his condition was diagnosed as anxiety reaction. 

The applicant’s DD Form 214 (Report of Separation) shows that he received a general discharge under the provisions of Army Regulation 615-365 on               6 April 1954 at Fort Devens, Massachusetts.  His rank was private, pay         grade E-1, and his date of rank was shown as 15 February 1954.  He had           3 years, 8 months, and 22 days of service; 2 years, 6 months, and 14 days of that service being overseas.  He had 4 days of lost time.  The applicant was awarded the Good Conduct Medal, the Presidential Unit Citation, the Korean Service Medal with 3 bronze service stars, the Army of Occupation Medal (Germany), the United Nations Service Medal, the National Defense Service Medal, and the Republic of Korean Presidential Unit Citation.  He had received an honorable discharge on 10 June 1953 and had reenlisted on 11 June for three years.

A VA medical report indicates that the applicant had been seen by a doctor on  12 July 1954.  The report indicates that the applicant’s parents had said that he had become depressed and occasionally destructive since his discharge three months previously, and would shout about finding a dead buddy.  The doctor indicated that he saw the applicant once when he would not respond to questions and had to be forcefully restrained.  After some time he became rational and told the doctor about having spent some time in a psychiatric hospital while in the Army.
 
A 14 July 1954 report from a VA office in Burlington, Vermont, indicates that while completing a VA form, it was noticed that the applicant was uneasy and his eyes were glassy; however, the applicant’s father stated that his son’s only disability was malaria, which he contacted while overseas.  A physician’s diagnosis indicated that the applicant had a nervous condition, and recommended the applicant be admitted for treatment.  It was further disclosed that the applicant’s mother indicated that he had a severe nervous breakdown on 12 July 1954, and his parents thought it was caused by malaria.

In a 19 January 1957 letter an individual who employed the applicant stated that he had to suspend him from employment due to his nervous condition.

In a 12 March 1965 report, a physician at the Vermont State Hospital indicated that the applicant was admitted to the hospital for observation in January 1964 by a municipal court and was diagnosed as having a passive aggressive personality.  He was readmitted on 12 November 1964, being transferred from the Vermont State Prison.  He had a long history of intoxication and breach of peace.  He had been diagnosed as having a sociopath personality disturbance, 

antisocial reaction, with psychotic reaction (schizophrenia).  He was transferred from the prison because he was hearing voices.  He tried to take his life once by taking pills.  The applicant stated that he could not forget all that he saw in the Korean War and he dreamed of killing someone.  He claimed that he had anxiety spells, heart beating fast, short of breath, and headaches.  Under treatment, his hallucinations disappeared, but he remained with anxiety and phobia.  Many of his symptoms seemed connected with experiences in the Korean War.  

A 31 October 1970 hospital summary indicates that the applicant had been admitted for the third time, that he had a history of emotional difficulty dating back to his return from Korea in 1952.  His history revealed hostility, irresponsibility, impulsiveness, and low frustration tolerance; and alcohol addiction.  He was diagnosed as having an antisocial personality.  At the time of his discharge from the hospital he was competent.  

In an 8 April 1971 memorandum, the VA director of psychiatry, neurology, and psychology service indicated that the applicant’s psychiatric diagnosis during service was anxiety neurosis in an explosive personality, and that the basic personality traits and neurotic symptoms could not be fully separated but together had resulted in continuing disability.  

A November 1995 report from a clinical psychologist indicates that since the applicant’s discharge from the Army he had been suffering from chronic and severe symptoms of PTSD and his symptoms included sleep disorders with frequent and intense nightmares related to his traumatic combat experiences; panic attacks; low frustration tolerance; and social withdrawal.

A 14 August 1996 letter from the VA indicates that the applicant was permanently and totally disabled due to service connected disability.

On 8 July 1998 the applicant was informed by this  Board that since his records were not available and because there was not enough information for this Board to make a determination on his case, the Board could not take any action at that time.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.

DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 6 April 1954, the date of his discharge.  The time for the applicant to file a request for correction of any error or injustice expired on 6 April 1957.

The application is dated 26 August 1996 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__rvo___  _gcm____  __clg___  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999025576	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990624	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1. 142.00		
2. 133.03		
3. 110.00		
4.		
5.		
6.