ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 April 2019 DOCKET NUMBER: AR20170014143 APPLICANT REQUESTS: reconsideration of his earlier request for/to: ? Upgrade of his honorable discharge to a medical discharge ? Reflect 50% disability rating from 11 April 1975 to 14 May 1976 APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: ? DD Form 149 (Application for Correction of Military Record) Reconsideration ? Previous Office of The Surgeon General (OTSG) advisory memorandum ? Previous U.S. Army Reserve Personnel Center denial response memorandum ? Clinical Records Diagnosis ? Health and Human Services (HHS) Social Security Administration memorandum ? Newspaper Article regarding Schizophrenic Veteran ? Court Memorandum ? LHI VA Compensation & Pension Exam 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 AC92-06705 on 22 July 1992. 2. He states that upon discharge, the 1975 Diagnostic and Statistical Manual of Mental Disorders, Third Edition (DSM-III) in force at that time did not support a post-traumatic stress disorder (PTSD) finding; however, the Army supported a finding of personality disorder with antisocial behavior and impulsiveness. Approximately three months after discharge, he attempted suicide in Washington. D.C. and was diagnosed with latent schizophrenia and taking outpatient treatment and was later allowed to enlist in the U.S. Navy. He was considered a "walking wounded" veteran suffering from the scars of war incurred or are the results of military service in Vietnam. His PTSD and/or Schizophrenia were incurred in Vietnam and exhibited itself three months later to the present after discharge in 1975. He also remembers while stationed at Fort Eustis, VA. in the 1970s, he experienced self-destructive act and was sent home on leave for 14 days with no treatment. A change on the law states that he has PTSD and Schizophrenia from Vietnam incurred in service and the then diagnoses was not properly diagnosed under DSM-III-R. 3. The applicant provides: ? Previous DD Form 149 where he requested DD Form 214 to correct entry date of active duty to 13 February 1968, request disability retirement of 100% for PTSD and Schizophrenia with retroactive pay ? Clinical diagnosis for Schizophrenia ? Newspaper article about his life as a Vietnam veteran with Schizophrenia ? LHI VA Compensation & Pension Exam previously submitted with initial submission of DD Form 149 reflecting his current medical condition 4. Review of the applicant's service records shows: a. He enlisted in the Regular Army on 13 April 1968 for a 3-year term. He served in Vietnam from July 1968 to January 1970. He was honorably discharged on 12 April 1969 for immediate reenlistment. b. He reenlisted on 1 April 1969. He again served in Vietnam from April 1971 to January 1972. c. In March 1974, he was placed on overseas assignment. A Reenlistment Counseling Statement, dated 26 March 1974, shows: (1) He refused to take action to reenlist/extend his term of service to satisfy the service requirement for an overseas assignment. (2) He was advised by a commissioned officer that his refusal to take such action classified him as ineligible to reenlist for a period of 93 days after discharge, and that he was ineligible for promotion in accordance with regulation. He was further advised that such classification could not be withdrawn without the specific approval of the Department of the Army. d. On 24 March 1975 he underwent a separation physical examination. He was found medically qualified for separation. e. He was honorably discharged from active duty by reason of completion of his required active service on 11 April 1975. His DD Form 214 for this period of service shows: ? he was discharged due to completion of his required active service ? the authority for his separation was chapter 2, Army Regulation (AR) 635-200 (Personnel Separations) ? he was fully eligible to reenlist (Reentry Code 1) ? f. After a break in service (from 12 April 1975 to 13 May 1976, he had no military status), he enlisted in the Regular Navy on 14 May 1976. g. In July 1979, his command processed him for misconduct by reason of conviction by civil authorities. h. He was discharged from the Navy on 24 August 1979. His Navy DD Form 214 shows he completed 7 years, 10 months and 9 days of active service. His service was characterized as under honorable conditions i. On 22 October 1991, he submitted a DD Form 149 to ABCMR requesting disability retirement. j. On 10 July 1992, the Chief of Clinical Policy and Consolation Services reviewed his records and rendered an advisory opinion. The advisory official stated that there is no clinical evidence to validate a diagnosis of PTSD in accordance with DSM III. The psychiatric evaluation done in 1982, states that: "The Soldier did not describe any particular traumatic combat experiences." The separation physical dated 1975, indicates all "1" in his physical profile with no mention of any psychiatric disorder. The Army medical records would support a diagnosis of personality disorder with an antisocial behavior and impulsiveness. k. On 22 July 1992, after a thorough review of his case, the Board denied his request for a disability separation. 5. On 21 June 2018, the Army Review Boards Agency clinical psychologist reviewed the applicant's reconsideration. Based on a thorough review of available medical documentation, he found no evidence of a medical disability or condition which would support a change to the character or reason for the discharge in this case for the Army from 1968 to 1975. This observation does not negate his post-service behavioral health diagnoses or treatment; however, there is no evidence that a behavioral health condition mitigated his misconduct or that his post-service diagnoses warrant a change to his characterization of service. 6. The applicant responded to the medical advisory opinion and stated: ? The Army is still trying to rule out what is and isn't PTSD and conditions related ? His onset of problems started in the military ? The person who authored the advisory opinion should be viewed as futile and denied as far as benefits for medical discharge for PTSD from the Army 7. Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 2 of the version in effect at the time provided for separation of enlisted personnel upon expiration of their term of service. 1. 8. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provide for the retention, retirement or separation of a member who is determined to be unfit to perform the duties of his office, grade, rank, or rating because of physical disability. 9. AR 40-501 (Standards of Medical Fitness), chapter 3 sets forth the various medical conditions and physical defects which normally render a member unfit for further military service. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon both medical advisories from 1992 and 2018 determining no evidence of a medical disability or condition which would support a change to the character or reason for the discharge, the Board concluded that there was insufficient evidence to change the reason for separation or the disability rating of the applicant. 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. 5/1/2019 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 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 2 of the regulation in effect at the time provided for the separation of members who have completed their contractual obligation/required term of active service. 2. AR 635-40 (Physical Evaluation for Retention, Retirement, or Separation) provide for the retention, retirement or separation of a member who is determined to be unfit to perform the duties of his office, grade, rank, or rating because of physical disability. The mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case considered, it is necessary to correlate the nature and degree of physical disability which is present with the requirements of the duties which the member reasonably may be expected to perform by virtue of his office, grade, rank, or rating. 3. AR 40-501 (Standards of Medical Fitness), chapter 3 sets forth the various medical conditions and physical defects which normally render a member unfit for further military service. Normally, members with conditions listed in this chapter will be considered unfit by reason of physical disability; however, this chapter provides general guidelines and is not to be taken as a mandate to the effect that possession of one or more of the listed conditions means automatic retirement or separation from the service. Each case must be decided upon the relevant facts and a determination of fitness or unfitness must be made dependent upon the abilities of the member to perform the duties of his office, grade, rank, or rating in such a manner as to reasonably fulfill the purpose of his employment in the military service.