MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 December 1998
	DOCKET NUMBER:   AC73-01387B
				   AR 1998014006

	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. W.W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Van B. Cunningham		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 her previous applications to correct her records by increasing her disability rating. 

APPLICANT STATES:  In effect, that medical developments subsequent to her separation demonstrate that she was not rated correctly and that she should have been entitled to physical disability retirement when the law changed in 1950.  In addition to the medical problems considered earlier, she had breast cancer and back problems due to osteoarthritis in 1987,  heart problems in 1993 and her stomach problems reoccurred in 1975.      

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in memoranda of consideration (MOCs) prepared to reflect the Board's original consideration of her case on 
24 May 1973 and 30 July 1980  .

The applicant submits evidence of a 1993 heart problems and had earlier submitted evidence concerning breast cancer  and osteoarthritis which, technically, constitutes new evidence that requires Board consideration.

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 original MOC noted that following an Army Retiring Board which determined that she was physically unfit due to an duodenal ulcer.  She retired as a captain  on 31 October 1947.  When the disability laws changed in 1950 the applicant’s disability was rated at 20 percent by both  the Army and the VA.  She elected to decline disability severance pay and to continue to receive VA disability benefit.

2.  The 1980 Board’s reconsideration of her case explained that Army disability rating is based upon the extent to which a medical condition impairs a soldier’s ability to perform duty at the time of the separation.

3.  Absent a specifically expressed medical opinion to the effect that a soldier's disability rating was wrong at the time it was established or that a current medical condition or specific disability rating by another agency such as the Department of Veteran Affairs or the Social Security Administration demonstrates that such was the case, changes in an individual’s medical condition or the development of new medical conditions subsequent to the Board’s original decision are irrelevant.  Having been informed that medical developments subsequent to discharge do not demonstrate an error in the Army’s disability rating the applicant can not reasonably expect that still later developments would do so.

4.  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.

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

__GDP__  __SVW__  __VBC___  DENY APPLICATION

						Loren G. Harrell
						Director

     INDEX

CASE ID	AC73-01387
AR1998014006	
SUFFIX	B	
RECON		
DATE BOARDED	19991230	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	.  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
                   1.	108.04