MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            21 September 2000
	DOCKET NUMBER:   AR1999028606

	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. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Eric N. Andersen		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:  In effect, reconsideration of his application to change the reason for his discharge from the United States Army Reserve (USAR) to physical disability retirement, with entitlement to retroactive benefits. 

APPLICANT STATES:  In effect, that while on annual training (AT) in 1987 he witnessed an accident that resulted in the death of a friend and fellow soldier.  He claims that as a result he developed a disability that rendered him medically unfit for duty.  He further contends that since this incident that triggered his mental disorder occurred while he was serving on active duty during AT, he should have been processed for separation or retirement through the Physical Disability System.  In support of his reconsideration request the applicant provides statements from two fellow USAR soldiers attesting to his depression. 

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

On 15 February 1995, a panel of this Board issued a Memorandum of Consideration, copy attached, which denied the applicant’s request for disability retirement.  This decisional document reflects the Board’s deliberations and contains its findings and recommendations.  

The evidence of record is void of any information indicating that the applicant ever sought medical or psychiatric treatment after witnessing the death of a fellow soldier during AT in 1989.  

The record does show that the applicant successfully completed his last 
21 day AT period on 21 January 1990 and that at the completion of this period of service he was awarded an Army Achievement Medal for meritorious achievement.

On 9 November 1990, a medical evaluation of the applicant was requested by his USAR unit commander.  The evaluation was conducted at Fort Buchanan, Puerto Rico on 26 January 1991.  The evaluating psychiatrist rendered a diagnosis of “major depression recurrent non-psychotic” and concluded that the applicant was unfit for further military service and not qualified for retention.  

On 19 February 1991, the applicant’s unit commander advised him of the results of the medical evaluation and the applicant elected to be discharged from the USAR due to a medical condition which rendered him disqualified for further retention.  Accordingly, on 1 April 1991 he was honorably discharged from the USAR.

The evidence of record also includes a Department of Veterans Affairs (VA) Form 21-6796 (Rating Decision), dated 20 December 1993.  This document verifies that as of that date the VA determined that service connection was not established for the applicant’s neurological-psychiatric condition because the evidence did not demonstrate the presence of this condition during his service. 

In November 1994, the Office of the Surgeon General reviewed the evidence in this case and the consultant staff found no evidence of any medical condition which rendered the applicant medically unfit and justified physical disability processing.  They further opined that it was unlikely that the applicant was psychotic while on active duty.  

The first statement of support provided by the applicant, dated 18 October 1997, is from a USAR Sergeant First Class (SFC).  In this statement the SFC certifies that during their 1989 AT at Camp Blanding, Florida, he and the applicant witnessed an accident in which a fellow soldier was severely injured.  He further indicates that the applicant attended to this soldier while waiting for emergency personnel to arrive and that the injured soldier held the applicant’s hand and begged the applicant not to let him die.  He concludes that he knew the applicant to be a very stable person until this incident but from that point on he stopped being communicative and humorous and was no longer a sharp noncommissioned officer.  

The second support statement is from the USAR unit administrator and is dated 15 October 1997.  The unit administrator comments that he and the applicant were waiting to return home from AT on 20 January 1990 and he noticed that the applicant was not feeling well.  After their return to Puerto Rico, a couple of weeks later, the applicant reported to the unit and informed them that he had to remain home based on the recommendation of his doctor.  A week later the applicant was fired from his job as a result of this situation.  He concludes that during this period the applicant appeared to be depressed and anguished and a few days later he called to inform the unit that he was hospitalized.

Public Law 99-661, section 604, 14 November 1986, revised the provisions of Title 10, United States Code sections 1204, 1205, and 1206 to provide for disability processing of Reserve Component (RC) soldiers who incurred or aggravated an injury or disease in the line of duty while performing inactive or active duty training after 15 November 1986 under a call or order that specified a period of 30 days or less.  Referral for disability processing does not mean an automatic entitlement to disability compensation.  Once referred a determination must be made whether the disease was the proximate result of performing duty.  In order for RC soldiers to be compensated for disabilities incurred while performing duty for 30 days or less, there must be a determination by a physical evaluation board that unfitting condition was the proximate result of performing duty. 
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.  After careful evaluation of the evidence of record and the new independent evidence provided by the applicant in this case, the Board finds no reason to deviate from or change the original denial decision rendered by this Board in 1995.  

2.  The evidence or record shows that the applicant’s discharge was accomplished in accordance with applicable law and regulation in effect at the time and that his discharge processing was proper and equitable in all respects.

3.  Medical authorities from both the Army and the VA concluded at the time of the applicant’s discharge from the USAR that no service connection for his neurological-psychiatric condition could be established.  These determinations were upheld by consultants from the Office of the Surgeon General in 1994 and the new evidence submitted by the applicant does not provide a sufficient evidentiary basis to call these medical determinations into question at this time.  

4.  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 to satisfy this requirement.

5.  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

___ena__  __jhl____  __clg____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999028606	
SUFFIX		
RECON	1995/02/15	
DATE BOARDED	2000/09/21	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1991/04/01	
DISCHARGE AUTHORITY	AR 135-178	
DISCHARGE REASON	Unfitting Medical Condition	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  177	108.0000	
2.		
3.		
4.		
5.		
6.