MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            25 September 2003 
	DOCKET NUMBER:   AR2002081987

	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 L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Regan K. Smith		Member	
	Ms. Linda D. Simmons		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 records be changed to show he was placed on the Temporary Disability Retired List (TDRL) in 1967 and then was permanently retired by reason of physical disability.

APPLICANT STATES:  That he was suffering from the effects of post-traumatic stress disorder (PTSD), a mental disorder which was caused by his period of military service.  It became progressively worse, resulted in his AWOLs (absence without leave), and continues today.  He desires to appear before the Board.  He had no pre-service psychiatric problems or symptoms.  He did well in basic training and advanced individual training and continued to do well until he sustained an injury while on field training.  As a result of his decreased efficiency, his life was threatened.  A snake struck at him, he had bleeding hemorrhoids during his military service and a resulting anxiety and fear of bleeding to death.  He had anxiety and fear of dying from a pending hemorrhoids operation.  

The applicant states that because of his mental disorder, any waiver of his rights he signed should be null and void.  He did not know of a possible defense available to him due to insanity.  He feels his mental illness mitigates his acts of indiscipline.  He should have received a mental status evaluation but he was referred to a mental hygiene doctor instead, who did not perform any evaluation. His AWOLs were wholly out of character with his otherwise excellent service record.  

As supporting evidence, the applicant provides a 6-page character witness statement from an individual with whom he enlisted in the Army under the "buddy" program.  He has known the applicant since they were both 6 years old. He stated the applicant had a normal childhood.  The applicant fell from a tree one time and hurt his back but he soon got over it and they resumed playing.  The applicant hit his head in an automobile accident as a child but was not sent to the hospital.  A neighbor was killed in a fire but he does not think that affected the applicant.  (A civilian doctor's report dated 7 October 2002 states the applicant's father died in a fire on an unknown date; however, evidence of record indicates his father was alive at the time he enlisted.)  They were in confinement in Tennessee when he noticed a change in the applicant.  The applicant told him he had a nightmare about a colonel at Fort Polk, LA who said he was going to kill (the applicant).  The applicant had severe back pain, also stomach and eye pain and headaches.  He sees the same problems with the applicant today that he saw back in Tennessee.

The applicant also provides a copy of his service personnel and medical records; an 11 May 1976 memorandum from a personal friend, on Memorial Hospital, Sisters of Charity of Nazareth, Chattanooga, TN letterhead, stating the applicant was a very self-reliant, responsible, and dependable person; a 13 May 1976 memorandum from Harris Realty Company stating the applicant was employed by that company for over one year as resident manager of an apartment complex and he was industrious, efficient, and trustworthy; a 2 December 1976 Statement in Support of Claim in which the "Dean of Student" stated he knew the applicant for about 12 years and found him to be a most energetic and courteous person who communicated well with other people; a 23 November 1988 letter from the American Red Cross; and a document nominating the applicant as employee of the month for the month of September 1985.

The applicant also provides Social Security Administration disability claim paperwork dated 31 January 1996; State Board of Workers' Compensation paperwork dated 27 January 1995; a 10 December 1996 memorandum from the Atlanta, GA Veterans Center; 3 pages of Progress Notes dated April 1999 and one page dated December 1999; and what appears to be a 5-page extract from a document entitled, "United States Claims Court Post-Traumatic Stress Disorder V.A. Disability Claim & Military Review," and subtitled, "How to Fight a Bureaucracy and Win!"

The applicant also provides Department of Veterans' Affairs (VA) progress notes dated 23 February 2001 (3 pages); an 8-page VA Confidential Ad Hoc Summary dated 24 October 2000 (wherein it is noted the applicant talked "about having an experience during the military where people were calling him names and he got pushed down a flight of stairs); a 3-page VA Confidential Ad Hoc Summary dated 19 January 2000 (wherein it was noted the applicant "still has disturbing memories and dreams of a fire an (sic) a (sic) threthen (sic) when he was a kid."  The impression was he had "PTSD Fire as a kid & Col. threhten (sic) him);" and VA Progress Notes (1-page each) dated 30 June 1997, 25 September 1997,       2 February 1999, 5 February 2001, 13 June 2001, 10 July 2001, 29 August 2001, 11 October 2001, and 26 March 2002.

COUNSEL CONTENDS:  Counsel makes no additional contention.

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

He was inducted into the Army on 9 February 1966.  On his preinduction Standard Form 93 (Report of Medical History), he indicated that he suffered from dizziness or fainting spells, in addition to two childhood diseases and chronic or frequent colds.  He completed basic combat training.  He did not complete advanced individual training (AIT).  For an unknown reason, he was reassigned to three different AIT units (being given excellent conduct and efficiency ratings each time he was reassigned) until he departed AWOL.

The applicant's service medical records show that he went on sick call numerous times including, on 7, 11, and 13 May, for complaints of back pain and headaches.  

On 13 May 1966, x-rays of the applicant's back were negative and no significant abnormalities were found.  It was noted that the applicant had stated he was cut in the back before entering service and his back was giving him trouble now.

On 16 May 1966, the applicant was treated in the emergency room when he noted back pain after he bent over to pick up a heavy object.

A DA Form 2173 (Statement of Medical Examination and Duty Status) shows the applicant incurred a lumbrosacral sprain on 17 May 1966 at about 9:00 p.m. when was walking down the barracks stairs to the latrine and fell.  

On or about 26 June 1966, the applicant was diagnosed with a thrombosed hemorrhoid (an external hemorrhoid whose symptoms may include painful swelling or a hard lump around the anus that results when a blood clot forms).  Sitz baths were prescribed.   

On 1 July 1966, the applicant was treated for constant complaints of headache and dizziness which were noted to have existed prior to service.  Physical examination was negative.  Skull x-rays were done but a repeat was requested.  The impression was tension headaches.

On 19 July 1966, the applicant was convicted by a special court-martial of being AWOL from on or about 1 June to on or about 21 June 1966.  He was sentenced to be confined at hard labor for 6 months (suspended), and to forfeit of $62.00 pay for 6 months.  The suspension was later vacated.

On 29 July 1966, the applicant was psychiatrically examined by a Medical Corps (psychiatrist) captain.  The applicant was diagnosed with passive aggressive reaction, chronic, severe.  No mental defect warranting medical separation was found.  He was found to be mentally able to distinguish right from wrong and to adhere to the right and to be mentally able to understand the nature of board proceedings and to testify in his own defense.  It was recommended he be separated from the military under the appropriate administrative regulation.

On 2 September 1966, the applicant was treated for complaints of headaches, black out spells, backache, and enuresis.  It was noted that he had been in an automobile accident 2 1/2 years earlier and struck his head on the dashboard.  He had recurrent headaches since then.  He described episodes of postural hypotension (low blood pressure) for the past 3 years.  He would get dizzy if he stood up and would faint if he did not sit down.  He noted that he fell out of a tree at age 12 and had recurrent low back pain since then.  He noted that he had been stabbed in the back at age 18.  

On 6 September 1966, x-rays of the applicant's head and cervical spine were negative.  
On 9 September 1966, the Medical Specialty Clinic noted that the applicant had completely normal laboratory and x-ray findings.  It was believed his symptoms were psychosomatic in nature and should be approached psychiatrically.  

On 14 September 1966, the applicant was convicted by a special court-martial of disobeying a lawful command to report to the Mortar Area and of disobeying a lawful command to pick up his pack and join the formation.  He was sentenced to be confined at hard labor for 3 months (suspended), to perform hard labor without confinement for 3 months, and to forfeit $60.00 pay for 6 months.  The suspension was later vacated.

On 21 September 1966, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for refusing to obey an order given by a noncommissioned officer to reenter building 8119 and stand in the rear of the class.

On 4 January 1967, the applicant was convicted by a special court-martial of being AWOL from on or about 2 to on or about 11 October 1966 and from         15 October to on or about 2 December 1966.  He was sentenced to confinement at hard labor for 6 months and to forfeit $64.00 pay for 6 months.  

On 9 January 1967, the applicant received a psychiatric examination from the Chief, Neuropsychiatric Service (a different doctor from the doctor who examined him on 29 July 1966).  The applicant was diagnosed with passive aggressive personality.  No disqualifying mental or physical defects sufficient to warrant disposition through medical channels were found.  He was found to be mentally responsible, able to distinguish right from wrong and to adhere to the right, and to have the mental capacity to understand and participate in board proceedings.  It was recommended he be separated from military service under the provisions of Army Regulation 635-212 as being unfit.

On 10 January 1967, the company commander initiated separation action under Army Regulation 635-212 for unsuitability.  The applicant was advised of his rights by counsel.  He waived his right to consideration of his case by a board of officers; waived personal appearance before such a board; and waived representation by counsel.  He did not submit a statement in his own behalf. 

On or about 18 January 1967, the applicant completed a separation physical examination and was found qualified for separation.

On 27 January 1967, the appropriate authority approved the request and directed issuance of a General Discharge Certificate.

On 6 February 1967, the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-212 for unsuitability.  He had completed 6 months and 14 days of creditable active service and had 164 days of lost time.  

Army Regulation 635-212, in effect at the time, set forth the basic authority for the separation of enlisted personnel.  The regulation provided, in pertinent part, that members were subject to separation for unsuitability for inaptitude, character and behavior disorders, apathy (lack of appropriate interest), defective attitudes, 
and inability to expend effort constructively, alcoholism, and enuresis.  A general under honorable conditions characterization of service was normally appropriate.

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 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 (DSM), 4th edition, states that the essential feature of PTSD is the development of characteristic symptoms following exposure to an extreme traumatic stressor involving direct personal experience of an event that involves actual or threatened death or serious injury, or other threat to one's physical integrity, or witnessing an event that involves death, injury, or a threat to the physical integrity of another person; or learning about unexpected or violent death, or serious harm or threat of death or injury experienced by a family member or other close associate.  

Traumatic events that are experienced directly include military combat, violent personal assault, being kidnapped, being taken hostage, terrorist attack, torture, incarceration as a prisoner of war or in a concentration camp, natural or manmade disasters, severe automobile accidents, or being diagnosed with a  life-threatening illness.  For children, witnessed events include observing the serious injury or unnatural death of another person due to violent assault, accident, war, or disaster.  

Army Regulation 15-185 governs operations of the Army Board for Correction of Military Records (ABCMR).  Paragraph 2-11 of this regulation states that applicants do not have a right to a hearing before the ABCMR.  The regulation provides that the Director of the ABCMR or the ABCMR may grant a formal hearing before which the applicant, counsel, and witnesses may appear whenever justice requires.   

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, 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 notes that the applicant was twice given a psychiatric examination by competent military medical authorities trained as psychiatrists.  Neither time was he found to have a mental defect warranting medical separation.  He was found to be mentally able to distinguish right from wrong and to adhere to the right and to be mentally able to understand the nature of board proceedings and to testify in his own defense both times.  Therefore, the Board concludes that the applicant's misconduct was not mitigated by any symptoms of mental illness that rendered him insane or otherwise incapable of understanding his actions or the separation proceedings.

3.  The evidence provided by the applicant shows that as late as 1976 and 1985 employers and friends found him to be efficient, self-reliant, responsible, and dependable.  There is no evidence to show he was suffering from either PTSD or any other mental disorder at that time.

4.  There is no evidence of record to show the applicant was threatened by a colonel.  He had an opportunity to submit a statement with his discharge packet and he failed to make that allegation at that time.  He had the opportunity to do make that allegation during either one of his psychiatric examinations and he failed to so.  

5.  Despite any determination the VA or any other agency may have made that a threat made to the applicant resulted in his having PTSD, it does not appear to the Board that such an ambiguous threat as described in the provided character witness statement constituted an extreme traumatic stressor as required by the DSM.  On the other hand, the applicant's witnessing a death by fire when a child does fit one of the extreme traumatic stressors described in the DSM. 

6.  It appears to the Board that the evidence of record and evidence provided by the applicant show that most of his medical problems existed prior to his entry in the service (back pain as a result of falling out of a tree and/or being stabbed in the back; headaches and dizziness as a result of an automobile accident, PTSD as a result of witnessing a death by fire when a child).  There is no evidence to show that any injury or medical condition incurred while on active duty rendered him unfit for duty.  Therefore, it would not be appropriate to show that he received a medical separation.

7.  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

__jns___  __rks___  __lds___  DENY APPLICATION

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

INDEX

CASE ID	AR2002081987	
SUFFIX		
RECON		
DATE BOARDED	20030925	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.