BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160001093 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x____ ____x____ ____x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160001093 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the following awards to his DD Form 214, ending 10 April 1954: * Korean War Service Medal * Meritorious Unit Commendation 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to revising item 38 of his DD Form 214 to PTSD, "schizophrenic reaction, LOD: No, EPTS." _______________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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160001093 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 correction of item 38 (Remarks) of his DD Form 214 (Report of Separation from the Armed Forces of the United States) to show post-traumatic stress disorder (PTSD), vice "schizophrenic reaction, LOD (line-of-duty): No, EPTS (existed prior to service)." He also requests award of the Korean War Service Medal and that this award be added to his DD Form 214. 2. The applicant states, in effect, the diagnosis of schizophrenia is incorrect, if he really had this condition, he would not have been able to earn an Associate's degree, raise four children, and live a normal life. Instead, he asserts he suffered from what is now known as PTSD. He notes his PTSD has not affected him since his discharge. He states he has qualifying service for award of the Korean War Service Medal and he would like it added to his DD Form 214. 3. The applicant provides a letter from the Department of Veterans Affairs (VA), dated 15 April 1999. CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant's complete military records are not available for review. A fire destroyed approximately 18 million service members' records at the National Personnel Records Center (NPRC) in 1973. The Army personnel records affected are dated between November 1912 and January 1960. It is believed his records were lost or destroyed in that fire. However, the NPRC has provided a reconstructed record that includes his DD Form 214 and information from the Office of The Surgeon General (OTSG), Department of the Army (DA). These documents provide a sufficient basis to address the applicant's request. 3. His DD Form 214 shows he was inducted into the Army of the United States (AUS) on 19 November 1952. This form further indicates he was honorably discharged on 10 April 1954. This form also show in: * item 2 (Service Number) – US 51XXXXXX * item 8 (Reason and Authority for Separation) – Disability, Army Regulation (AR) 600-450 (Separation for Physical Disability) and Special Regulation (SR) 600-450-5 (Evaluation and Separation for Physical Disability) * item 22 (Net Service Completed for Pay Purposes this Period) – 1 year, 4 months, and 22 days * item 26 (Foreign Service and/or Sea Service) – 9 months and 6 days * item 25 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized): * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Korean Service Medal with one bronze service star * United Nations Service Medal * item 29 (Last Significant Duty Assignment) – 3rd Signal Company, 3rd Infantry Division, APO 468 (Chonkok, Korea) * item 38 – Severance Pay was not authorized; "Diag: schizophrenic reaction, LOD: No, EPTS" 4. A document titled, "Information from the Hospital Admission Cards created by OTSG, DA (1942 – 1945 and 1950 – 1954), information for the year 1954," shows a record for US 51XXXXXX (the same number is listed on the applicant's DD Form 214) which indicates: * AUS enlisted man, Caucasian, aged between 20 – 24 years * length of service between 1 – 2 years; Signal Corps * admission station – Korea, in January 1954 * Diagnosis – schizophrenic reaction, catatonic type (being in an immobile or unresponsive stupor) * place of final treatment – Valley Forge Army Hospital, neuropsychiatric closed ward; evacuated in 1954 * physical evaluation board case – separation without severance pay, LOD: No, EPTS * disposition month and year – April 1954 5. The applicant provides a VA letter, dated 15 April 1999, that advised the applicant the evaluation of schizophrenia, which at that point was rated at a 0 percent disability rating, was being continued. 6. On 20 June 2017, the Army Review Boards Agency (ARBA) psychiatrist provided a medical advisory opinion. a. The ARBA psychiatrist was asked to review the behavioral health aspect of the applicant's ABCMR application. The documentation reviewed included his application, a letter from the VA, and limited military personnel records. The VA's Joint Legacy Viewer offered no clinical data regarding the applicant. In addition, there were no military medical or civilian medical records available. b. Based on the available information, there was insufficient evidence to support the applicant's contention he suffered from PTSD vice schizophrenia. 7. On 21 June 2017, the applicant was provided a copy of the medical advisory opinion for review and comment. On 29 June 2017, the applicant requested an additional 2 weeks to respond to the advisory stating he was waiting to see his VA doctor and would obtain a medical opinion. The applicant has not provided his response. REFERENCES: 1. AR 600-450, in effect at the time, implemented the provisions of Title IV of the Career Compensation Act of 1949. The intent was to provide a uniform disposition for Armed Forces members who were found to be unfit due to physical disability. 2. SR 600-450-5, in effect at the time, stated in paragraph 38 (Disposition Alternatives), once a physical evaluation board determined a Soldier to be unfit, one of the available dispositions was separation without severance pay. This disposition was based on cases where the Soldier's condition was not incurred or aggravated during any period of service, or their condition was sustained because of their own intentional misconduct, willful negligence, or during period of unauthorized absence. 3. SR 615-360-1 (Enlisted Personnel – Separation of Enlisted Personnel), in effect at the time, established procedures for completion of the DD Form 214. Regarding item 38, it stated, when separation was based on a disability, an entry would be made showing the diagnosis and line-of-duty determination. In addition, item 38 would show whether severance pay was authorized. 4. PTSD is unique among psychiatric diagnoses because of the great importance placed upon the etiological agent, the traumatic stressor. In fact, one cannot make a PTSD diagnosis unless the patient has actually met the "stressor criterion," which means that he or she has been exposed to an event that is considered traumatic. a. Clinical experience with the PTSD diagnosis has shown, however, that there are individual differences regarding the capacity to cope with catastrophic stress. Therefore, while most people exposed to traumatic events do not develop PTSD, others go on to develop the full-blown syndrome. Such observations have prompted the recognition that trauma, like pain, is not an external phenomenon that can be completely objectified. b. Like pain, the traumatic experience is filtered through cognitive and emotional processes before it can be appraised as an extreme threat. Because of individual differences in this appraisal process, different people appear to have different trauma thresholds, some more protected from and some more vulnerable to developing clinical symptoms after exposure to extremely stressful situations. 5. The Diagnostic and Statistical Manual of Mental Disorders, Fifth Revision (DSM-5) was released in May 2013. a. This revision includes changes to the diagnostic criteria for PTSD and acute stress disorder. The PTSD diagnostic criteria were revised to take into account things that have been learned from scientific research and clinical experience. b. The revised diagnostic criteria for PTSD include a history of exposure to a traumatic event that meets specific stipulations and symptoms from each of four symptom clusters: intrusion, avoidance, negative alterations in cognitions and mood, and alterations in arousal and reactivity. The sixth criterion concerns duration of symptoms; the seventh assesses functioning; and the eighth criterion clarifies symptoms as not attributable to a substance or co-occurring medical condition. 6. AR 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The Korean War Service Medal is a foreign award originally offered by the Ministry of Defense, Republic of Korea. The Department of Defense approved this award for acceptance and wear on 20 August 1999. To be eligible, Soldiers had to serve on a permanent assignment or in a temporary duty (TDY) status for 30 consecutive days in Korea between 25 June 1950 and 27 July 1953. b. The Korean Service Medal was awarded for qualifying service in the theater of operations between 27 June 1950 and 27 July 1954. A bronze service star was authorized for each campaign in which the Soldier participated. The last two campaigns listed for the Korean Service Medal were: * Third Korean Winter (1 December 1952 to 30 April 1953) * Korea, Summer 1953 (1 May to 27 July 1953) c. The United Nations Service Medal was awarded to members of the Armed Forces of the United States dispatched to Korea or adjacent areas on behalf of the United Nations during the period between 27 June 1950 and 27 July 1954. The award of the Korean Service Medal automatically establish eligibility for the United Nations Service Medal. 7. DA Pamphlet 672-1 (Unit Citation and Campaign Credit Register) provides a listing of campaigns for World War II and the Korean War. It shows the 3rd Signal Company was awarded the Meritorious Unit Citation (3rd Award) for outstanding service in support of combat operations in Korea during the period 27 January to 27 July 1953. 8. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. a. Paragraph 2-9 contains guidance on the burden of proof. It states, in pertinent part, that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. b. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. With regard to his request to revise item 38 to show PTSD instead of schizophrenia, there does not appear to be sufficient evidence to warrant this change given the following: * his complete service records are not available for review and were apparently lost in the 1973 NPRC fire; what is available offers no supporting evidence of PTSD * available OTSG records appear to show he was hospitalized for being in a catatonic schizophrenic state; he was ultimately separated without severance pay based on an EPTS medical condition (schizophrenia) * his DD Form 214 indicates he was separated due to a physical disability (schizophrenia) * a 1999 letter from VA apparently confirms the diagnosis of schizophrenia and states that diagnosis would be continued 2. A medical advisory opinion by the ARBA psychiatrist stated the available information was insufficient to support the applicant's contention he suffered from PTSD vice schizophrenia. 3. Concerning his request for the award of the Korean War Service Medal, he appears to have met the eligibility criteria based on the following: * his last significant duty assignment) was in the 3rd Signal Company, located at or near Chonkok, Korea; his DD Form 214 confirms 9 months and 6 days of foreign service * the period of eligibility for the award is from 27 June 1950 to 27 July 1953 * he was awarded or authorized the Korean Service Medal with one bronze service star, suggesting participation in the last campaign of the Korean War (Korea, Summer 1953 (1 May to 27 July 1953)) * OTSG records show he was hospitalized in and later medically evacuated from Korea at some point between January and April 1954 * while the exact date of his departure from Korea is unknown, counting from his separation date, 9 months and 6 days of foreign service would place him in Korea within the period of eligibility (on or about 5 July 1953) 4. The 3rd Signal Company, the unit to which he was assigned while in Korea, was awarded the Meritorious Unit Commendation for the period 27 January to 27 July 1953. Based on the aforementioned evidence indicating he was in Korea on or around July 1953, he appears to be eligible for the Meritorious Unit Commendation. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160001093 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160001093 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2