MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:            29 April 1999                  
	DOCKET NUMBER:   AR1998012387

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Ann M. Campbell		Chairperson	
	Mr. Edwin S. Castle		Member	
	Mr. Cristopher J. Prosser		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 records be corrected to show that he was discharged based on a physical disability.

APPLICANT STATES: That he should have been granted a disability discharge base on his physical disabilities.  He indicates he was not granted a physical evaluation board, which would have rated him a minimum of 30 percent disabled. The applicant has not identified any disabilities nor has he presented any evidence in support of his allegations.

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

During the period 4 November 1987 to 3 March 1990 (2 years and 4 months), the applicant served on active duty.

On 14 September 1990, he reentered active duty.  He completed his required training and was awarded military occupational specialty 63E (Tank Systems Mechanic).

On 23 April 1997, the applicant’s Personnel Qualification Record, Part 1, indicates his physical profile was 111111A.  He was on airborne status at that time.  

On 30 July 1997, the applicant was discharged under Army Regulation 635-200, chapter 4, based on the expiration of his term of service.  He was issued an Honorable Discharge Certificate.  His Report of Separation indicates he had       9 years, 2 months and 17 days of creditable service.  His medical records were provided to the California Department of Veterans Affairs (VA) upon separation.

Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rated 30 percent disabling.

Title 38, United States 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 individuals concerned.  Consequently, due to the two concepts involved, an individual’s medial 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.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay. 

Army Regulation 40-501, paragraph 3-3b(1), as amended, 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.

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’s medical records were provided to the California VA at the time of separation and are not available for review at this time.  Additionally, the applicant has provided no indication of what physical disabilities he alleges to have or any evidence thereof. 

2.  Although the applicant’s final physical examination is not available, evidence shows that that his physical profile was 111111A, just prior to separation.

3.  The applicant should make application to the VA where his disabilities can be evaluated.

4.  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.

5.  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

AMC____  ESC____  CJP_____ DENY APPLICATION

						Loren G. Harrell
						        Director

INDEX

CASE ID	AR1998012387	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999 April 29	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19970730	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	Ch 4	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.108	PD Separation	
2.		
3.		
4.		
5.		
6.