MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 December 2000                   
	DOCKET NUMBER:   AR2000046981

	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:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Harry B. Oberg		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 discharge be revoked and he be transferred to the Retired Reserve, that his line of duty investigation (LODI) be changed to reflect he did suffer a seizure that resulted in his schizophrenia, and that the LOD determination be changed to in line of duty.

APPLICANT STATES:  The applicant states that the LODI was not completed by the correct person.  He provides a statement from his immediate supervisor and a 14 June 2000 VA Compensation Pension Exam Report as supporting evidence.

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

He served in the Regular Army from 1980 through 1983 and continued to serve in the U. S. Army Reserve (USAR) after being released from active duty.  He last reenlisted on 30 October 1991 for 6 years with an expiration term of service (ETS) of 29 October 1997.

On 25 July 1995, while attending the Basic Noncommissioned Officer Course (BNCOC), the applicant suffered a type of seizure or syncope episode while looking at a computer screen.  He was taken to the Smithville Regional Hospital Emergency Department for treatment.  The hospital treatment record shows that he suffered a spell of an unknown etiology brought on by anxiety or other unknown cause.  

The applicant was returned to duty and completed BNCOC on 5 August 1995.

On 18 November 1996, a Statement of Medical Examination and Duty Status, DA Form 2173, was completed regarding the 25 July 1995 incident.  Item 10 shows the nature of the applicant’s condition as syncope (a temporary suspension of consciousness due to cerebral ischemia).  Item 15 shows that he was in a classroom environment when he had a seizure (an attack of epilepsy).  Item 31 showed that a formal LOD was not required and item 32 that the injury was considered to have been incurred in line of duty.  On 7 February 1997, the Commander, III Corps and Fort Hood reviewed the LODI for completeness and determined the injury was incurred in line of duty.

The applicant ETSd on 29 October 1997.  The Command Surgeon’s office, Army Reserve Personnel Center (ARPERCEN), assisted in getting the applicant extended so he could complete a fitness for duty (FFD) evaluation.

An FFD evaluation was completed and on 18 November 1997 the applicant was diagnosed with schizophrenia, undifferentiated type (provisional).  It was noted that further evaluation would be necessary to rule out that substance abuse was not a factor.  It was recommended that he undergo a full psychiatric evaluation to properly diagnose and treat his disorder.
On 23 December 1997, the ARPERCEN Command Surgeon notified the applicant that he was determined to be unfit for continued military service.  His unfitting condition (i. e., his schizophrenia) was not incurred in line of duty.

On 8 January 1998, ARPERCEN notified the applicant that he was medically disqualified for retention in the USAR by reason of schizophrenia.  He could elect either discharge, transfer to the Retired Reserve, or an FFD evaluation.  (Apparently, the first FFD evaluation was not conducted by a specialist in the area (of psychotic disorders).  The applicant was entitled to another evaluation by a specialist.)

The applicant elected to have an FFD evaluation and on 16 February 1998 ARPERCEN requested that the Fort Huachuca, AZ hospital perform the evaluation.  

Apparently, the applicant failed to report for several scheduled evaluations.  On 13 July 1998, the ARPERCEN Command Surgeon closed his case for his failure to comply with treatments/evaluations.

On 24 December 1998, another FFD evaluation was requested; however, the applicant had again ETSd.  He had been discharged from the USAR on              1 December 1998.

The 14 June 2000 VA Compensation and Pension Exam Report provided by the applicant indicates that during the 1995 episode he lost consciousness and/or dissociated.  Observers had reported that he lost consciousness and had a tonic/clonic seizure (alternate muscular contraction and relaxation in rapid succession).  Subsequent neurologic evaluation including EEG, MEG and MRI examinations failed to reveal epileptic activation.  The Report noted that the applicant started drinking regularly while in the Army in 1980 and for about one month during that year used LSD regularly.  He sought and received drug counseling in the Army.  It was noted that the applicant endorsed sporadic use of marijuana, which was especially heavy during his high school years, sporadic while on active duty and infrequent thereafter.  The applicant indicated an additional history of a period of heavy abuse of amphetamines.  The Report noted that it was as likely as not that his schizophrenia actually began during an episode of Army Reserve active duty training and that some stressor encounter during that exercise was the proximate event causing the onset of his psychotic illness.  In the examiner’s opinion, it seemed likely that the applicant’s premorbid psychopathology which eventually gave rise to his schizophrenia was also the cause of his substance abuse.  The substance abuse did not cause the schizophrenia, there was most likely a premorbid psychiatric disorder which rendered him vulnerable to his psychotic breakdown.

On 23 June 2000, the VA awarded the applicant a 70 percent disability rating for service connected schizophrenia.

Army Regulation 140-10 covers policy and procedures for assigning and transferring USAR soldiers.  In pertinent part, it states that assignment to the Retired Reserve is authorized in a number of circumstances but an eligible soldier must request transfer.

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.  Transfer to the Retired Reserve is authorized only if an eligible soldier requests such transfer.  The applicant was given the option to transfer to the Retired Reserve but did not request such transfer.

3.  The preponderance of medical evidence available shows that the applicant did not suffer a “seizure” but rather a syncopal episode.  In addition, this condition was found to be in line of duty.

4.  It appears the applicant may be requesting that his schizophrenic condition be determined to be in line of duty.  The Board concludes that it would not be appropriate to do so.  The 14 June 2000 VA Report does not state for certain that his schizophrenia began during his active duty training, only that it was as likely as not that it began then.  Further, that Report states that his substance abuse did not cause the schizophrenia, rather that a premorbid psychiatric disorder which eventually gave rise to his schizophrenia caused his substance abuse.  The Report notes that his use of marijuana was especially heavy during his high school years.  Since the medical evidence indicates that the cause of his schizophrenia began prior to his entry on active duty, the Board concludes that the not in line of duty determination for his diagnosis of schizophrenia was correct.

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

__fne___  __lem___  __hbo___  DENY APPLICATION

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

INDEX

CASE ID	AR2000046981	
SUFFIX		
RECON		
DATE BOARDED	20001212	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	135.03	
2.	122.00	
3.		
4.		
5.		
6.