MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 August 1999                    
	DOCKET NUMBER:   AR1998012052

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John H. Kern		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. George D. Paxson		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 honorable discharge be changed to a medical discharge.

APPLICANT STATES:  That he was first treated for asthma while he was in the Army.  Upon his separation he was told to apply for VA compensation.  He was granted compensation, his asthma became worse to the point he was terminated from his job with the Postal Service and he is now rated at 60 percent.  He provides extracts of his service medical records, his initial and later VA evaluation decisions, and his termination of employment letter as supporting documentation.

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

He enlisted in the Regular Army on 16 September 1981.  He completed basic training and advanced individual training and was awarded military occupational specialty (MOS) 02L (Saxophone Player).

The evidence of record shows the applicant was first diagnosed with and treated for asthma on 17 September 1982.  Between then and his expiration term of service (ETS) he received numerous temporary profiles for no running, physical training at own pace, no running in cold weather, or no physical training.  There is no evidence he was ever awarded a permanent physical profile. 

The applicant received an Army Achievement Medal for his musical expertise and professionalism during performances with the Kansas State University Wind Ensemble on 2 December 1983 and the Annual Fort Riley, KS Christmas Concert on 6 December 1983.

The applicant’s DA Form 2A, Personnel Qualification Record, dated 20 June 1984 shows his PULHES as 111111 and his physical category code as A (considered to possess a high level of medical fitness).

The applicant separated on 14 September 1984 upon his normal ETS.

The VA awarded the applicant 10 percent disability compensation for service-connected asthma in February 1985, increased to 60 percent in May 1998.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  

The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purpose of his employment on active duty. 

Title 38, U. S. Code, sections 310 and 331, 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.  Consequently, due to the two concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.

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.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  There is no evidence of record to show the applicant was ever determined to be physically unfit to perform his military duties.  On the contrary, as late as December 1983 he received an Army Achievement Medal for his ability to perform his duties.  While he did receive numerous temporary physical profiles, they only limited his ability to take part in physical training and did not limit his ability to perform in his duty MOS.

3.  The rating action by the VA does not necessarily demonstrate an error or injustice in any Army determination that a soldier is physically fit.  The VA, operating under its own policies and regulation, assigns disability ratings as it sees fit.  Any rating action by the VA does not compel the Army to make a similar determination. 

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

__jhk___  __wtm___  __gdp___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1998012052	
SUFFIX		
RECON		
DATE BOARDED	19990811	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.