BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160006999 BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160006999 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, the son and attorney-in-fact of a deceased former service member (FSM), requests correction of his late father's honorable discharge to show he was medically retired. 2. The applicant states his father was given a clean bill of health upon his enlistment physical, but he was discharged for not being physically qualified for reenlistment due to psychoneurosis. He suffered this disability due to several horrific events he experienced while serving on active duty, causing his mental health to deteriorate (stress and suicidal tendencies). 3. The applicant provides: * Durable Power of Attorney * self-authored letter, dated 16 March 2016 * FSM's WD AGO Form 53-55 (Enlisted Record and Report of Separation Honorable Discharge) * FSM's death certificate * FSM's service personnel records * FSM's medical records 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 FSM enlisted in the Regular Army on 4 December 1940 for a period of 3 years. 3. The FSM's records contain: a. a clinical record brief, dated 26 February 1944, showing he was diagnosed with psychoneurosis; severe reactive depression manifested by anxiety, tension, depression, uncontrollable crying, and undue preoccupation with health and feeling of complete disability; and severe lumbosacral strain, incurred while lifting kitchen equipment on maneuvers in September 1943 in Tennessee; b. Physical Classification Board Proceedings showing the board met in June 1944 and found the FSM: * unfit for oversea assignment * not considered physically able to perform the duty for which he was qualified under field conditions * had the following permanent defects which required special consideration in his assignment – nervous, tense, apprehension when under stress * should not be subjected to overseas duty, excessive competition, or emotional strain c. an abstract of clinical record, dated 27 December 1944, showing the FSM was diagnosed with moderate reactive tension state; and d. information from the Department of the Army Office of the Surgeon General Hospital Admission Cards showing he was hospitalized in February 1945 in Oklahoma for psychoneurosis and/or hysteria. 4. On 26 March 1945, the FSM was issued a Certificate of Disability for Discharge due to psychoneurosis. This form shows a Physical Classification Board found him unfit for military service due to hysterical-type psychoneurosis on the basis of a constitutional psychopathic state. The board determined this condition existed prior to entering the service. The onset was unknown. The FSM became unfit for duty effective 16 February 1945. He completed 4 years, 3 months, and 23 days of creditable active service. His service was characterized as honorable. 5. The applicant provided a self-authored letter, dated 16 March 2016, stating his father was discharged from the Army due to psychoneurosis. He incurred this mental condition while in the Army. He did not have this disease before his enlistment. The only disease he had was the mumps in 1923. His father was forced out of the Army for this disease. His father should have been rated at 100-percent disabled upon his release. The FSM's spouse should be allowed to collect benefits. His mother is in her declining years and needs constant attention. This will be his mother's last request on behalf of her deceased husband. 6. An advisory opinion was rendered by the Army Review Boards Agency Senior Medical Advisor, dated 20 September 2071, wherein he stated: a. The FSM died on 13 June 1989. b. The available record reasonably supports post-traumatic stress disorder or another boardable behavioral health condition existed at the time of the FSM's military service. The boardable behavioral health condition is psychoneurosis, hysterical type on basis of a constitutional psychopathic state. c. This condition fails medical retention standards and warrants separation through medical channels. d. The FSM did not meet medical retention standards for psychoneurosis, hysterical type, on basis of a constitutional psychopathic state. At the time of the FSM's 1944 and 1945 hospital admissions for psychoneurosis (also reactive depression and hypochondriasis) it was determined that the FSM's behavioral/mental condition had existed prior to enlistment and/or existed prior to service. e. The FSM met medical retention standards for history of influenza (1940 and 1942), history of first and second degree burns (face, neck, right and left forearms and hands) (1942), history of bronchitis (1942), history of enterocolitis (1942), for back strain/pain (lumbago) (1943 and 1944), history of tonsillitis status post tonsillectomy (1944), cephalgia (headache) (1945), and other physical, medical and/or behavioral conditions. f. His medical conditions were duly considered during medical separation processing. g. A review of the available documentation found no evidence of a medical disability or condition which would support a change to the character, reason, discharge determination, or diagnosis at the time of his discharge in this case. 7. A copy of the advisory opinion was provided to the applicant for comment and/or rebuttal. 8. On 8 October 2017, he responded and stated his father did not have any psychiatric problems prior to his enlistment. His father indicated he had the mumps in 1923 on his enlistment record; he was between 5 and 6 years old when he was admitted to the hospital. In his opinion, his father experienced symptoms of post-traumatic stress disorder. He questions how the Army could determine the psychoneurosis existed prior to his father's enlistment in the Regular Army. REFERENCES: The Career Compensation Act of 1949 (Public Law 351, 81st Congress) became effective 1 October 1949. Prior to 1 October 1949, there was no provision of law whereby an enlisted man with less than 20 years of service could be discharged with severance pay or be retired by reason of physical disability. Under the existing law prior to 1 October 1949, compensation for service-connected disabilities was entirely under the jurisdiction of the Veterans Administration, now known as the Department of Veterans Affairs. DISCUSSION: 1. The applicant requests correction of his late father's honorable discharge to show he was medically retired. 2. The evidence of record shows the FSM was issued a Certificate of Disability for Discharge on 26 March 1945 due to psychoneurosis. A Physical Classification Board found him unfit for military service due to hysterical-type psychoneurosis and determined this condition existed prior to entering the service. He completed 4 years, 3 months, and 23 days of creditable active service at the time of his discharge. 3. Prior to 1 October 1949, there was no provision of law whereby an enlisted man with less than 20 years of service could be discharged with severance pay or retired by reason of physical disability. 4. Under then existing law, compensation for service-connected disabilities was entirely under the jurisdiction of the Veterans Administration. 5. Any request for compensation for any illness or injury that the FSM may have suffered during his military service should be addressed to the Department of Veterans Affairs. BOARD DATE: 1 May 2018 DOCKET NUMBER: AR20160006999 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. X AIRPERSON Signed by: 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20160006999 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160006999 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2