ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 22 May 2019 DOCKET NUMBER: AR20170000384 APPLICANT REQUESTS: Reconsideration of her previous request for correction of her military records concerning her medical discharge in October 1970. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: She submitted a self-authored letter requesting reconsideration. FACTS: 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 AR20140005243 on 18 December 2014. 2. The applicant states she submitted applications for reconsideration. 3. Review of the applicant’s record shows: a. She enlisted in the Regular Army (RA) on 10 June 1962 and she held military occupational specialty 71L (Clerk Typist). She was honorably discharged on 27 January 1965, for her immediate reenlistment. Her DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) show she completed 2 years, 7 months, and 2 days of active service. b. She reenlisted in the RA on 28 June 1965, for 3 years. She was honorably discharged on 27 June 1968, at the expiration of her term of service. Her DD Form 214 shows she completed 3 years of active service. c. She again reenlisted in the RA on 24 April 1969, for 3 years. d. A Standard Form (SF) 502 (Clinical Record – Narrative Summary) shows she was admitted to the Psychiatric Ward of Martin Army Hospital on 30 January 1970. She was diagnosed with Schizophrenia. She was discharged to duty on 13 April 1970, with profile limitations. a. e. A DA Form 8-275-2 (Clinical Record Cover Sheet), dated 22 April 1970, shows she was diagnosed with Schizophrenia, paranoid type, chronic, previous history unknown. f. An SF 502 shows she was again hospitalized from 1 May to 10 June 1970, for increased feelings of depression, inability to function in her unit, and feelings that she could not tolerate the Army any longer. g. A Medical Evaluation Board (MEB) convened on 10 June 1970 and found her unfit for military service due to Schizophrenia and referred her to a physical evaluation board (PEB). h. A PEB convened on 6 July 1970 and found her medically unfit for Schizophrenia reaction, slight severity. The board recommended a rating of 10 percent (%) and her separation with severance pay. She concurred and waived her right to a formal hearing. The board was approved on 24 July 1970. i. A DD Form 214 shows she was honorably discharged on 20 October 1970, under the provisions of Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4, by reason of physical disability rated at 10%, with severance pay. She completed 1 year, 5 months, and 27 days of active service. This form also shows she was awarded and authorized the National Defense Service Medal and Good Conduct Medal. 4. On 18 December 2014, the ABCMR denied her petition for removal of documentation from her official military personnel file and the Department of Veterans Affairs database that erroneously show she had a psychological/psychiatric condition and had been awarded a 50% disability rating. 5. An advisory opinion was received from the Senior Medical Advisor/Psychologist, Army Review Boards Agency, on 10 October 2017, in the processing of this case. The medical advisor reviewed the record for alleged medical condition(s) not considered during medical separation processing. The medical advisor reiterated the applicant’s period of military service and stated: a. The applicant’s medical conditions were not duly considered during medical separation processing, as the 10% award and judgment that her functional impairments was “slight” was inconsistent with what even then was known about Schizophrenia. A review of the available documentation found sufficient evidence of a medical disability or condition which would support a change to the disability rating at the time of discharge in this case. b. The applicant’s diagnosis, her functional impairment during active duty service, and her hospitalizations were inconsistent with a judgment of slight impairment made at the time of her discharge. He recommended reassessment of the applicant’s level of a. impairment at the time of her discharge. The applicant’s persistent denial of her level of impairment and illness was an insufficient reason to ignore it. 6. The applicant was provided with a copy of this advisory opinion for acknowledgement and/or rebuttal on 13 October 2017. She did not respond. 7. By regulation, a Soldier may be discharged from the Army for not meeting retention standards in accordance with chapter 3 of AR 40-501 (Standards of Medical Fitness) and awarded a disability rating assigned by the Army’s disability system. 8. In reaching its determination, the Board can consider the applicant’s petition and his service record in accordance with the published equity, injustice, or clemency determination guidance. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found the relief was not warranted. No basis to remove the medical board information from her record. The advisory spoke of seeing if she would be reevaluated to receive higher than 10% from the military. The applicant would have to amend her request in order for the Board to make such a recommendation. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 5/28/2019 X CHAIRPERSON 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. REFERENCES: 1. Army Regulation (AR) 635-40 (Physical Evaluation for Retention, Retirement, or Separation), paragraph 4-24B, in effect at the time, set forth policies, responsibilities, and procedures that applied in determining whether a Soldier was unfit because of physical disability to reasonably perform the duties of his/her office, grade, rank, or rating. Only the unfitting conditions or defects and those which contributed to unfitness would be considered in arriving at the rated degree of incapacity warranting retirement or separation for disability. Soldiers who sustained or aggravated physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and severance pay benefits. The regulation stated: a. The mere presence of a medical impairment does not in and of itself justify a finding of unfitness. In each case, it was necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier may reasonably be expected to perform. b. The VA Schedule for Rating Disabilities (VASRD) was primarily used as a guide for evaluating disabilities resulting from all types of diseases and injuries encountered as a result of, or incident to, military service. Once a Soldier was determined to be physically unfit for further military service, percentage ratings were applied to the unfitting condition(s) from the VASRD. Those percentages were applied based on the severity of the condition at the time of separation. 2. AR 40-501 (Standards of Medical Fitness), in effect at the time, governed medical fitness standards for enlistment, induction, appointment, retention, and separation (including retirement). Once a determination of physical unfitness was made, the Physical Evaluation Board rated all disabilities using the VASRD. Ratings could range from 0% to 100%, rising in increments of 10%. 3. 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. Title 10, USC, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rating of less than 30 percent. 4. Title 38, USC, sections 1110 and 1131, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service. The VA, however, is not required by law to determine medical unfitness for further military service. The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.