MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           26 April 2000                   
	DOCKET NUMBER:   AR2000036641

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Stanley Kelley		Chairperson	
	Ms. Karol A. Kennedy		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 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 rank be restored to sergeant.

APPLICANT STATES:  That in 1954 he received an Article 15 that reduced him from sergeant to corporal for missing an inspection.  His mind had been impaired as a result of his being involved in nuclear testing in 1953.  He was not allowed a lawyer; no one assisted him in appealing the Article 15, and his mental frame of mind prevented him from appealing.  The punishment was too severe and his Army record was excellent.  He submits as supporting evidence a Radiation Exposure History from the Department of Energy, a partial order sending him on temporary duty (TDY), and a 2-page consultation sheet dated 1987 regarding his mental condition.

EVIDENCE OF RECORD:  The applicant's military records are not available.  The information contained herein was obtained from a previous board action.

The applicant enlisted in the Regular Army on 18 December 1951.  He was promoted to sergeant on 18 January 1953.  On or about 17 March 1953, he was
sent TDY to Nevada to participate in Exercise Desert Rock.  In 1953 he was exposed to 2400 whole-body gamma mrem (millirem).  He was reduced to corporal under Article 15, Uniform Code of Military Justice on 26 November 1954.  He was honorably discharged form the Army on 8 December 1955.  He subsequently enlisted in the U. S. Air Force and retired for length of service on    1 September 1971.

In 1987 he was diagnosed with possible post-traumatic stress disorder.  His medical history noted he had nightmares relating to his radiation exposure for many years but they were getting worse.  He only saw a psychiatrist once before, in 1966 for anxiety.  He received a 100 percent disability rating in1982 for angina. 

The Merck Manual, 16th edition, 1992, chapter 260 discusses radiation reactions and injuries.  It states that the rem unit has been converted to the sievert (Sv) unit and the rad unit has been converted to the gray (Gy) unit.  One rem was equal to one rad; one Gy is equal to one Sv; one mGY is equal to one mSv.  2400 mrem would be equal to 24 mSv.  The Manual states that tissues vary in response to immediate radiation injury, in descending order of sensitivity:  (1) lymphoid cells; (2) gonads; …(12) muscle and connective tissue.  Brain cells are not identified in this list of 12.  The Manual further states that “Most of our estimates of the effects of very low exposure (under 100 mGy) are usually obtained by linear extrapolation from studies of higher doses.”

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.  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.

2.  The applicant was exposed to the equivalent of less than one-quarter of what the Merck Manual describes as a very low exposure of radiation.  The Merck Manual does not describe the brain as highly susceptible to radiation injury.  The applicant went on to a successful career in the U. S. Air Force, terminating in his length of service retirement in 1971.  The Board concludes from the available evidence that the applicant’s mind was not impaired by his participation in Exercise Desert Rock and therefore his misconduct did not result from any impairment caused by his exposure to radiation during that exercise.  

3.  The applicant provides no supporting evidence to show he was not allowed counsel during his Article 15 proceedings.  Since his records are not available, the Board cannot determine whether or not the punishment was too severe.

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

__sk____  __kak___  __clg___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR2000036641	
SUFFIX		
RECON		
DATE BOARDED	20000426	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	133.01	
2.		
3.		
4.		
5.		
6.