IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150008304 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150008304 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis to amend the decision of the ABCMR set forth in Docket Number AR20060008753, dated 15 March 2007. __________x_______________ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. IN THE CASE OF: BOARD DATE: 26 April 2016 DOCKET NUMBER: AR20150008304 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of his previous request for correction of both of his DD Forms 214 (Report of Separation from Active Duty) to show he received a disability retirement vice an honorable discharge. 2. The applicant states, in effect, he is providing a new argument that was not previously considered. 3. The applicant provides no additional evidence. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060008753 on 15 March 2007. 2. As a new argument, the applicant states his honorable discharge should have been a medical discharge due to a heart attack. He wanted to keep serving his country and wants an honest discharge. 3. The applicant enlisted in the Regular Army (RA) on 4 November 1969 and held military occupational specialty (MOS) 94B (Cook). He served in Vietnam from on or about 12 May 1970 to 13 May 1971. 4. On 4 September 1970, he was seen at the 3rd Field Hospital, Vietnam, for a psychiatric evaluation at the request of his commander. The Report of Psychiatric Evaluation, dated 14 September 1970, shows the treating physician stated he (the applicant) denied any emotional problems, was given Valium for anxiety, and that he met retention standards in accordance with Army Regulation 40-501 (Standards of Medical Fitness), chapter 3. He did not have a psychiatric disease/defect that warranted disposition through medical channels. 5. On 7 September 1970, he was promoted to the rank/grade of specialist four (SP4)/E-4. 6. On 1 February 1971, he was treated for a complaint of chest pains for 3 to 4 days. The treating physician noted there was no tenderness to the chest but there were scratches over his left shoulder and back. He also noted the applicant looked nervous and had stated he had always been nervous. He further stated he had some problems in the field necessitating a psychiatric referral in September 1970, but no conclusions regarding significant pathology were made. He received a letter 1 week earlier saying his father was in the hospital; he checked with the Red Cross and everything was okay. His parents were divorced 6 years ago and remarried 2 years ago. He was concerned over his family and missed them a lot. The implication was a psychosomatic reaction localized to the musculoskeletal system. 7. A Standard Form (SF) 88 (Report of Medical Examination), dated 12 June 1971, show the examining physician did not note any medical/mental defects, disorders, or psychiatric issues and found the applicant was fit for separation. 8. He was honorably released from active duty on 13 June 1971 and he was transferred to the U.S. Army Reserves (USAR). The DD Form 214 he was issued for this period of service shows he completed 1 year, 7 months, and 10 days of creditable active service. 9. In conjunction with his reenlistment in the RA, he completed an SF 93 (Report of Medical History) on 12 November 1974 wherein he stated his health was good, he had never been treated for a mental condition, and had not been a patient in any type of hospital. 10. On 12 November 1974, he underwent a medical examination. The SF 88, dated 12 November 1974, shows the examining physician did not note any medical/mental defects, disorders, or psychiatric issues and found he was fit for enlistment. 11. He reenlisted in the RA on 13 November 1974, and he was assigned in a trainee status to Fort Polk, LA. On 19 February 1975, he was admitted to the Neuropsychiatric Ward, U.S. Army Hospital (USAH), Fort Polk. 12. He subsequently underwent a psychiatric evaluation. In a memorandum, dated 26 February 1975, subject: Neuropsychiatric Service Certificate, the examining physician stated, in part, the applicant underwent the evaluation while an inpatient in the Neuropsychiatric Ward, USAH, Fort Polk, from 19 to 26 February 1975. The examining physician further stated, in part: a. The applicant was admitted to the USAH on 19 February 1975 for further observation and treatment and it was his second psychiatric admission. The first psychiatric admission was a civilian psychiatric admission for emotional problems prior to his second enlistment. He was married, his spouse had multiple somatic complaints, and he was so preoccupied with her health that he had not been able to cooperate with the training schedule. b. He was diagnosed with a character-behavior disorder, mixed type, chronic, severe; manifested by an inability to adapt to training, inappropriate dependency, and manipulativeness. His impairment for further military duty was marked and it existed prior to his entry in the service (EPTS). c. He was able to distinguish the difference between right and wrong and had the mental capacity to understand and participate in any action taken. He would not be a productive member of the Armed Forces and he recommended he be expeditiously separated from the service. 13. The applicant was honorably discharged on 11 March 1975. The DD Form 214 he was issued for this period of service shows he completed 3 months and 29 days (or 119 days) of net active service this period. 14. His available records are void of any evidence that shows he was ever diagnosed with any injury/condition while serving in the RA that prevented him from performing his duties and would require referral to a medical evaluation board (MEB). There is no evidence in the available records that shows he ever received a permanent profile of "3" that would require referral to an MEB. 15. In the processing of this case, an advisory opinion was obtained on 24 February 2016 from the Chief, Integrated Disability Evaluation System (IDES)/MEB, Fort Drum, NY. The advisory official recommended denial of the applicant's request and stated, in part: a. A review of records indicated the applicant had multiple evaluations for likely behavioral health conditions that did manifest as physical symptoms, such as chest pain, but there was no indication of any cardiac diagnosis. He did not need a full cardiology work-up and there was no medical evidence to support a diagnosis of heart attack. b. The evaluation, dated February 1971, noted a complaint of chest pain with a final diagnosis of psychosomatic reaction localized to musculoskeletal system. The cardiac physical exam, regular rate, and heart sounds were normal. The chest pains indicted it was more likely related to, and associated with, a behavioral health diagnosis versus actual true cardiac etiology. There is no clear medical evidence to support a diagnosis of cardiac chest pain or heart attack. There was no electrocardiogram (EKG) or laboratory tests to confirm a diagnosis of heart attack. c. The advisory official agreed with the initial finding that the applicant did not have a condition that warranted the MEB process and he was not eligible for an MEB for chest pain/heart attack condition. 16. On 26 February 2016, the applicant was provided a copy of the advisory opinion for his information and comment or rebuttal; however, no response was received. REFERENCES: 1. Department of the Army (DA) Message 011510Z, August 1973, subject: Evaluation and Discharge of Enlistees before 180 Active Duty Days, then in effect provided that Soldiers may be separated when they have demonstrated that they are not qualified for retention due to failure to adapt socially or emotionally to military life; cannot meet minimum standards prescribed for successful completion of training because of lack of aptitude, ability, motivation, or self-discipline; or have demonstrated character and behavior characteristics not compatible with satisfactory continued service. They must have voluntarily enlisted and not completed more than 179 days of active service by the date of separation. 2. The Army physical profile serial system is based primarily upon the function of body systems and their relation to military duties. A profile containing one or more numerical designations of "3" signifies the individual has one or more medical conditions that may require significant limitations. A permanent profile of "3" would require referral to an MEB. 3. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical DES (PDES) and governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It states MEBs are convened to document a Soldier's medical status and duty limitations insofar as duty is affected by the Soldier's status. A decision is made as to the Soldier's medical qualification for retention based on the criteria in Army Regulation 40-501, chapter 3. 4. Army Regulation 635-40 further states the mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature/degree of physical disability present with the requirements of the duties the member reasonably may be expected to perform because of his or her office, rank, grade, or rating. The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before that service member can be medically separated or retired. 5. Title 10, U.S. Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rating of at least 30 percent. DISCUSSION: 1. The applicant enlisted in the RA on 4 November 1969. The evidence of record confirms he underwent a physical examination on 12 June 1971 and was found fit for separation. As a result, he was appropriately honorably released from active duty on 13 June 1971 and he was transferred to the USAR. There was no error or injustice. 2. On 12 November 1974, he underwent a physical examination and was found fit for enlistment. He reenlisted in the RA on 13 November 1974. However, in February 1975, he was diagnosed with a disorder that EPTS. As a result, he was appropriately honorably discharged from active duty on 11 March 1975 due to a character-behavior disorder that resulted in his inability to adapt to military training. There was no error or injustice. 3. There is no evidence in the applicant’s available record and he did not provide any evidence that shows he was ever diagnosed with, or treated for, any mental or physical injury/condition while serving on active duty, during either period of service, that would require referral to an MEB. There is no evidence that shows he was diagnosed with cardiac chest pain or experienced a heart attack that would result in his being discharged/retired due to a medical condition. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150008304 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150008304 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2