MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            31 March 1999
	DOCKET NUMBER:   AC97-11527
	                                    AR1998009871

	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. Paul A. Petty		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:  That his discharge for unsatisfactory performance be changed to a medical discharge and eligibility for the Temporary Disability Retired List and Permanent Disability retirement.

APPLICANT STATES:  That he was hit in the head by a tail gate of a truck.  His duty performance was well above standards before this injury but after the injury he had trouble remembering and his duty performance went down.  Since he was discharged, he has been awarded Veterans Administration (VA) compensation for the head injury which is now at 100%.  The Army misjudged his situation and knew about his injury and should have given him a medical discharge.

EVIDENCE OF RECORD:  The applicant's military records show:

That he was enlisted in the Army National Guard on 21 December 1990 and honorably discharged on 28 January 1993 to enlist in the Regular Army.  He enlisted in the Regular Army on 29 January 1993 as an E-3 and was assigned to Germany.  On or about 31 March 1993, the applicant was hit on the head by the tailgate of a 
5 ton truck.  He did not loose consciousness.  He was treated at a German Hospital and then at a US Army Medical Clinic in Darmstadt, Germany.  He was x-rayed with no findings and treated successfully for neck strain with a soft brace and for both neck strain and headache with pain relief and anti- inflammation prescriptions.  No neurological injury was found.  During his enlistment he was also treated for a broken hand, a knife stab wound in the leg by alleged muggers, and alcohol abuse.  He was also treated for a hit to his neck sustained while wrestling with his roommate in January 1994.  The applicant claimed headache and loss of memory associated with this injury.  Examination findings including neurological evaluation on this injury found no abnormality.  He was reduced to an E-2 on 14 February 1994, reason not shown in the record.

On 11 April 1994, he received a physical examination for separation.  The report of medical history noted the above injuries and conditions but found no condition requiring additional medical treatment before the applicant could be separated.  A mental status evaluation was also conducted that concluded that the applicant's personality was immature and that his alcohol abuse contributed to impulsive self injury and misconduct such as fights.  He was cleared medically and mentally for administrative separation.  He was honorably released from active duty for unsatisfactory performance and transferred to the US Army Reserve Control Group on 3 June 1994.

After separation, the applicant applied to the Department of Veterans Affairs (VA) for medical service and disability rating.  On 17 January 1995, the applicant was granted 100% VA disability for head injury with psychotic features.

Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for disabilities which were incurred in or aggravated by active military service.  However, an award of a VA rating does not establish error or injustice in the Army determination of disability.  The Army rates only conditions determined to be physically unfitting for continued service, thus compensating the individual for loss of a career; while the VA may rate any service connected impairment, in order to compensate the individual for loss of civilian employability.  Accordingly, it is not unusual for the two agencies of the Government, operating under different policies, to arrive at a different determinations of disability.  Furthermore, unlike the Army, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of VA disability based upon that agency’s examinations and findings.

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.  That the applicant was cleared medically and mentally for administrative separation and no condition was found that required additional medical treatment prior to separation or prohibitive to the proposed reason for discharge, unsatisfactory performance.

2.  The applicant was separated for unsatisfactory performance.  There is no evidence of error or injustice in this separation.

3.  The applicant's VA disability rating after separation has no bearing on his administrative separation for unsatisfactory performance.

4.  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	AC97-11527/AR1998009871	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990331	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.110.00		
2.		
3.		
4.		
5.		
6.