MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 September 2002
	DOCKET NUMBER:   AR2002068775

	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	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Kenneth W. Lapin		Member	
	Mr. Donald P. Hupman, Jr.		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 separation be changed to a medical discharge.

APPLICANT STATES:  That he has suffered many years from mental illness.  He was put in for a medical discharge in July 1965 but was kept in the Army.  As supporting evidence he provides:

	A Report of Medical Examination, SF 88, and a Report of Medical History, SF 89, from his induction physical on 24 July 1964;

	A 3-page extract from his Chronological Record of Medical Care (he states that the entries for 2 December 1964 and 23 January, 19 February, and  17 August 1965 show he received mental health treatment.  However, the entry for 2 December 1964 shows he was treated for a throat complaint and the entry for 19 February 1965 shows he was treated for a stomach complaint.  The entry for 17 August 1965 is illegible.  He was treated on 29 (not 23) January 1965 by Mental Health);

	An SF 88 (front page only) and an SF 89 dated 1 July 1965.  The purpose of the examination is illegible on both documents;

	An SF 88 (front page only) and an SF 89 from his separation physical on 18 July 1966;

	An undated Laboratory Report showing he had possible food poisoning;

	A civilian hospital admission report dated 4 August 1971 showing he was  diagnosed with chronic tonsillitis;

	A civilian hospital admission report dated 28 June 1972 showing he was diagnosed with nervous exhaustion;

	A Veterans Administration (VA) Request for Physical Examination dated 12 September 1974 for claimed service connection disabilities for a chest condition, nervous condition, and residuals of food poisoning;

	A VA Report of Medical Examination for Disability Evaluation dated November 1974.  An evaluation of his nervous systems revealed that he had normal behavior and normal comprehension.  He was diagnosed with a history of gastroenteritis but no pulmonary pathology was clinically noted; and

	His Report of Transfer or Discharge, DD Form 214.  

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

He was inducted into the Army on 24 July 1964.  His Record of Induction, DD Form 47, shows a complete medical and mental examination found him acceptable for induction.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 63K (Quartermaster Heavy Equipment Repairman).

A 29 January 1965 entry in the applicant's Chronological Record of Medical Care shows he was seen for a complaint of nerves and stomach disorder, that he had been seen at least twice previously, and that he needed to be re-evaluated by Mental Health.  

The provided SF 88 and SF 89 dated 1 July 1965 may have been for a medical evaluation board.  He noted on the SF 89 that his health was good, that he had been treated by a Mental Health Clinic, and that he "failed the mental test 1964." The SF 88, item 42 (Psychiatric) showed that he had a character and behavior disorder.  The reverse side is not available.  

The applicant completed a separation physical on 18 July 1966.  On the SF 89, he noted his health as good.  Item 42 was noted as "normal."

On 25 July 1966, the applicant was honorably separated upon the completion of his expiration term of service.  His Enlisted Qualification Record, DA Form 20, shows that his conduct and efficiency had always, even in 1965, been rated as excellent.  

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.  

Army Regulation 40-501 governs medical standards for procurement, retention, and separation.  The regulation in effect at the time stated that character and behavior disorders were considered to render an individual administratively unfit rather than unfit because of physical disability.  Interference with performance of effective duty would be dealt with through appropriate administrative channels.  

Title 38, U. S. Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  

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.  There is no evidence to show the applicant was ever diagnosed with a mental disorder that would have rendered him unfit due to a physical disability.  It is acknowledged that the 1 July 1965 physical may have been for a medical evaluation board.  However, the available document shows he had a character and behavior disorder.  Such a disorder did not make him eligible for physical disability processing.  Although he could have been administratively discharged, it appears his unit may have believed that his condition did not warrant separation.  If so, that belief appears to have been warranted based upon the fact neither his DA Form 20 nor other records show that he ever had problems performing his duties.

3.  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

__AAO__  __KWL__  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002068775	
SUFFIX		
RECON		
DATE BOARDED	2002/09/24	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.