Discharge Review

[john999]

I am asking the Discharge Review board to grant that I was discharged because of medical reasons. I have the SMR's that show diagnosis and treatment for a emotional disorder including a hosptialization. I also have a psychiatrist's report that reviewed my SMR's and says that the military misdiagnosed me with a personality disorder and not the panic and dissocosiative disorder that started in Vietnam. The lawyer I talked to told me not to get my hopes up but that I should try and send the board something to beef up my appeal. The board has my medical records now. Any ideas on what would be good to beef up my evidence to change the nature of the reasons for discharge. I was given a discharge due to unsuitability which is bogus because I had already been in the service for 28 months. The concept that I was having a relapse back to the condition that got me in the hospital never entered the Army's mind.

[Josephine]

For me, as I wait by the mailbox, The Worry eats at me like a parasite. I try to do other things but the lure is too strong. I worry if I have missed anything and average being awake for 20 hours per day and spend more than 15 hous per day reviewing the files and med information. I have not been diagnossed with PTSD but it cant be too far away. Mi wife thinks I am obsessed with this stuff and I believe her.

I am sitting here laughing with you and not at you. I needed that one!!

You made my day! I will quit filling sorry for myself for a few minutes and go make me some coffee.

Always,

Josephine

[Wings]

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Boards of Review Reading Rooms

http://boards.law.af.mil/

Army Boards

http://boards.law.af.mil/ARMYboards.htm

*Army BCMR or Army DRB (search options)

Search Term: PTSD and disability retirement

First Example found:

[1999030139.rtf] ... for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: Physical disability retirement. He also requests that the two awards of the Distinguished Flying Cross (DFC) that he received, be upgraded to either a Silver Star or a Distinguished ... http://boards.law.af.mil/ARMY/BCMR/CY1999/30000-30999/1999030139.rtf ://http://boards.law.af.mil/ARMY/BCMR/...999030139.rtf ://http://boards.law.af.mil/ARMY/BCMR/...999030139.rtf

09/12/00, 65062 bytes

See Attached MEMORANDUM OF CONSIDERATION

1999030139.rtf

Edited October 18, 2006 by Wings

[Pete53]

Looks to me like Bush and Cheney have a better chance of getting into Heaven than a Veteran has of getting his Military Discharge changed?

John I wish you the best as you know I think I should of gotten a Medical Discharge also

Pete

[john999]

Pete

About the same chance of me getting my CUE and retro ,but what the heck I have nothing but time.

I went for my ultrasound of the leg veins today. I won't know anything until I talk to the vascular surgeon.

[Wings]

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John,

It may not be impossible!

Research the Military's PRESUMPTION OF FITNESS RULE !

Army Regulation 40-501 provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.

I posted the case below to show the basic difference between the military's "presumption of fitnesss" - and the VA's "presumption of soundness" under 38 U.S.C. § 1111 (2000).

If you can show that you were unable to "perform" - prior to discharge, then you have cracked their first line of defense ! What did your Discharge Examination show? It would help if your psychaitrist would evaluate service medical records (and all related evidence) and comment on your "fitness for duty" prior to discharge.

Overcoming the presumption of Fitness - - Application of the Presumption of Fitness Rule does not mandate a finding of fit ! It is a rebuttal presumption that is overcome if the preponderance of evidence establishes the circumstances described below per DOD Instruction 1332.38.

Acute, grave illness or injury: Within the presumptive period an acute, grave illness or injury occurs that would prevent the member from performing further duty if he or she were not retiring; or

Deterioration of a chronic condition: Within the presumptive period a serious deterioration of a previously diagnosed condition, to include a chronic condition, occurs and the deterioration would preclude further duty if the member were not retiring; or

Inadequate duty performance: The condition for which the member is referred is a chronic condition, and a preponderance of evidence establishes that the member was not performing duties befitting his or her experience in the office, grade, rank, or rating before entering the presumptive period.

see http://www.west-point.org/users/usma1991/48648/peblegal.htm

see also http://www.hood-meddac.army.mil/default.as...;vi=n&mnu=2

see Attached "Information Paper"

Presumption of Sound Condition:

Aggravation of a Disability by Active Service

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

SUMMARY: This document amends the

Department of Veterans Affairs (VA)

adjudication regulations regarding the

presumption of soundness of a veteran

by adding a requirement that, in order

to rebut the presumption of soundness

of a veteran on entrance into active

service, VA must prove not only that the

condition existed prior to entrance into

active service, but also that it was not

aggravated by the veteran’s active

service. This amendment reflects a

change in VA’s interpretation of the

statute governing the presumption of

sound condition, and is based on a

recent opinion of VA’s General Counsel

as well as a recent decision of the

United States Court of Appeals for the

Federal Circuit. The intended effect of

this amendment is to require that VA,

not the claimant, prove that the

disability preexisted entrance into

military service and that the disability

was not aggravated by such service

before the presumption of soundness on

entrance onto active duty is overcome.

DATES: Effective Date: May 4, 2005.

info_paper_PDES_overview_1_.doc

Edited October 18, 2006 by Wings

[john999]

Wings

I never had a discharge physical. I was just kicked out via 635-212. I was seeing a shrik at them time I was discharged but those records seem to have vanished. I had a shrink review my SMR's and I will have to re-read them to figure out what she said about my state of mind at discharge. The shrink said I was suffering from severe emotional problems starting in Vietnam and continuing until the present. Let me read the report again and I will get back to you.