MEMORANDUM OF CONSIDERATION

IN THE CASE OF:     

BOARD DATE:           31 March 1999
DOCKET NUMBER:   AC84-00900A
			   AR1998013819

	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. Loren G. Harrell		Director	
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Curtis W. Barbee		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Walter T. Morrison		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:  Reconsideration of his  previous application to grant him physical disability retirement. 

(Note: By separate application, the applicant requests that his records be corrected to show his blood type as A positive.  This request to change his blood type can be administratively accomplished by the applicant.) 

APPLICANT STATES:  In effect, he requests a disability discharge to offset income tax on his pension.  He contends that a misdiagnosis was made that should have resulted in him being medically discharged. 

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 25 April 1984 (COPY ATTACHED).

The applicant’s contentions are virtually identical to those previously submitted in relationship to his heart condition.  He does submit additional excerpts from medical journals describing the interaction of scarlet fever and his type of heart condition.  Additionally, he submits a copy of a hospital summary, dated 6-15-87, showing the need for five units of blood for surgery.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant was in receipt of waivers to remain on active duty with permanent residuals of scarlet fever.  There is no evidence that he had an aggravation of his preexisting condition while he was on active duty, in fact the first indication of the existence of the heart condition was not made until several years after his retirement.  Furthermore, the issue of disability hinges on inability to perform duty and not upon medical diagnosis.

2.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

3.   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

__CWB      __JHK__  __WTM__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC84-00900A
AR1998013819	
SUFFIX		
RECON	19990331	
DATE BOARDED		
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	538	
2.		
3.		
4.		
5.		
6.