MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           5 December 2000                   
	DOCKET NUMBER:   AR2000044077

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. Jose A. Martinez		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, that his records be corrected to show his discharge was not due to a pre-existing medical condition.

APPLICANT STATES:  That a background check and psychiatric evaluation in 1993 found him qualified to perform explosive ordnance disposal (EOD) duties.  All his problems started after a heat injury in August 1995.  Since his discharge he has been diagnosed with post-traumatic stress disorder (PTSD) and major depression that his current doctors and mental health professionals believe were caused by his heat injury.  Supporting evidence is as listed on the DD Form 149.

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

After having had prior service in the Army National Guard, he enlisted in the Regular Army on 11 February 1993 for training as an EOD specialist. 

As part of the applicant’s screening for entry into the EOD program, it was discovered that he had been seen by mental health professionals at the ages of 8 and 18.  It was recommended that a current mental evaluation be conducted.  On 20 December 1993, the mental evaluation determined that his two previous encounters with mental health professionals were related to external stressors and neither required medications or led to a psychiatric diagnosis.  Before, during, and after that time there had been no evidence of mental illness.  He was presently showing no residual effects of his interactions with mental health providers as a pre-adolescent and adolescent and as long as he continued that pattern of adjustment, his prognosis was excellent.  He was psychiatrically cleared for any actions the Army deemed appropriate regarding his security clearance and access to sensitive information.

The applicant’s clearance was granted on 19 April 1994.

The applicant’s service medical records are not available but apparently he incurred a heat injury in August 1995 while attending the Primary Leadership Development Course at Fort Hood, TX.  

On 19 March 1996, a medical board diagnosed the applicant with Dysthymic Disorder as evidenced by depressed mood, for most of the day, more days than not; with insomnia; low energy; low self esteem; poor concentration dating to adolescent days; and impulse control disorder with thoughts of hurting himself and others.  He was also diagnosed with alcohol dependence without physiologic dependence and unsuccessful rehabilitation.  He was referred to a Physical Evaluation Board (PEB).

On 19 April 1996, an informal PEB found the applicant unfit for duty due to a dysthymia disorder, manifested by depressed mood for most of the day with insomnia, low energy, concentration, problems with impulse control with treatment prior to enlistment and excessive use of alcohol.  The PEB noted that there was compelling evidence to support a finding that the condition existed prior to service (EPTS) and was not permanently aggravated by such service.  The PEB also noted that he had failed the Army Alcohol Rehabilitation Program.  It was recommended that he be discharged without disability benefits. On 2 May 1996, the applicant concurred in the findings and recommendations and waived a formal hearing of his case.  

On 10 July 1996, the applicant was discharged under the provisions of Army Regulation 635-40, paragraph 4-24B(4) (separation for physical disability without severance pay).  The narrative reason for separation was disability EPTS physical evaluation.  

A letter from the Outpatient Behavioral Health Center, Manchester Memorial Hospital dated 15 September 2000 notes that the applicant suffers from panic disorder, recurrent major depression and symptoms consistent with PTSD.  It is their opinion that the applicant experiences panic attacks in conditions of extreme heat such as those he encountered in Texas when he suffered heat injury.  He experiences nightmares and flashbacks related to his EOD duties.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty. 

The Diagnostic and Statistical Manual of Mental Disorders, fourth edition       (DSM-IV) describes Dysthymic Disorder as a mood disorder characterized by at least 2 years of depressed mood for more days than not, accompanied by additional depressive symptoms that do not meet criteria for a Major Depressive Episode.  Dysthymic Disorder often has an early and insidious onset (i. e., in childhood, adolescence, or early adult life).  In clinical settings, individuals with Dysthymic Disorder usually have superimposed Major Depressive Disorder, which is often the reason for seeking treatment.  (Major Depressive Disorder may begin at any age, with an average age at onset in the mid-20s).  If Dysthymic Disorder precedes the onset of Major Depressive Disorder, there is less likelihood that there will be spontaneous full inter-episode recovery between Major Depressive Episodes and a greater likelihood of having more frequent subsequent episodes.  

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 this requirement.

2.  The Board is aware that the applicant’s December 1993 mental evaluation noted that he had no active medical illness and that he showed no residual effects of his interactions with mental health providers as an 8 year old and as an 18 year old.  The evaluation noted that as long as he continued that pattern of adjustment, his prognosis would be excellent.  It appears to the Board, however, that the applicant did not continue that pattern of adjustment.  At some point he began to abuse alcohol until he had to be referred to an alcohol rehabilitation program, which he failed. 

3.  The applicant was evaluated by a PEB for Dysthymic Disorder in 1996.  The DSM-IV notes that Dysthymic Disorder is characterized by at least 2 years of depressed mood.  Therefore, his medical condition existed at least a year before his heat injury.  The DSM-IV also notes that Dysthymic Disorder often has an early and gradual onset.  Presumably, his two earlier encounters with mental health professionals were related to his diagnosed Dysthymic Disorder and, presumably, his alcohol abuse triggered a relapse of his Dysthymic Disorder.  

4.  The Board notes that the applicant concurred in the findings of the informal PEB and there is no evidence to show that he contended his condition did not exist until after his heat injury.

5.  There is no evidence to show the applicant was diagnosed with Major Depressive Disorder until after his discharge and no evidence to show he suffered from PTSD while on active duty.  

6.  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

__amc___  __alr___  __jam___  DENY APPLICATION

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

INDEX

CASE ID	AR2000044077	
SUFFIX		
RECON		
DATE BOARDED	20001205	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.