MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            14 January 1999                 
	DOCKET NUMBER:   AC97-10510
                                              AR1998013390  

	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:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Shirley L. Powell		Member	
	Ms. Kathleen A. Newman		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 he was permanently discharged by reason of physical disability with a combined rating of 50 percent.

APPLICANT STATES:  The Army Physical Disability Agency (USAPDA) increased his total combined percentage after the Physical Evaluation Board (PEB) determined his total combined percentage.

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

The applicant entered active duty on 7 April 1982 with 8 years, 7 months and 
1 days of prior active service.

On 14 May 1986, Formal PEB Proceedings indicate he was found unfit for further service based on (1) Major depression without psychotic features, considerable, 30 percent; (2) Wolff-Parkinson-White Syndrome with hypertension, 10 percent; (3) Bilateral pes planus, 0 percent; and, (4) Back pain, mild, low, 0 percent.  He had a 40 percent combined disability rating.

On 19 August 1988, follow-up Formal PEB Proceedings indicate he was found unfit for the same medical conditions at the same percentage and determined that he should be permanently retired from the service, with a 40 percent combined disability rating.

On 22 September 1988, a USAPDA memorandum changed the disability rating for his back pain from 0 to 10 percent.

The applicant was permanently retired on 20 October 1988, with a combined disability rating of 40 percent.

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.  Computation of combined disability ratings are taken from the Combined Ratings Table of the Veterans Benefits Administration Book C - Schedule for Rating Disabilities.  The applicant’s initial disability ratings (30 & 10 percent) determined the applicant was 37 percent disabled.  This combined value will be converted to the nearest number divisible by 10.  The next higher number divisible by 10 is 40 percent.  With the additional 10 percent, the applicant was 43 percent disabled.  The nearest number divisible by 10 is 40.  His initial 
40 percent combined disability rating remains the same. 

2.  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

RVO____  SLP_____  KAN____  DENY APPLICATION

						Loren G. Harrell
						       Director