MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 December 1998                   
	DOCKET NUMBER:   AC98-10785

	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:

	Ms. June Hajjar		Chairperson	
	Mr. Fred N. Eichorn		Member	
	Mr. Thomas B. Redfern, III		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 he be placed on the Temporary Disability Retired List (TDRL) or be permanently medically retired due to his combat wounds.

APPLICANT STATES:  He is receiving service-connected disability from the VA at 40 percent.

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

He enlisted in the Regular Army on 6 February 1969 for 2 years.  He arrived in Vietnam on 12 July 1969 where he served as a rifleman.  On 22 May 1970, he was struck by several fragments from an exploding rocket-propelled grenade which caused several minor fragment wounds and was also struck by a rifle round which fractured his right forearm.  

The applicant was medically evacuated to Valley Forge General Hospital where he underwent several in-patient treatments to include physical and occupational therapy interspersed with several terms of convalescent leave.  He was released from the hospital on 21 June 1971.  His final diagnosis was:  multiple fragment wounds with healed superficial wounds of the left buttock; and gunshot wound with fractured right forearm, transient inability to extend fingers and thumb, pronation and supination (rotation) at 60 degrees and 40 degrees, respectively, treated and improved.  

The applicant was separated on 22 June 1971 under the provisions of Army Regulation 635-200, chapter 5, expiration term of service.

On 16 February 1993, the VA notified the applicant that his disability evaluation for his right arm shell fragment wound would remain at 40 percent.  They indicated that “medical evidence does not show restriction of function of the right arm or left leg and buttock.”

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.	Competent military medical authority at Valley Forge General Hospital determined that the applicant would be separated from the Service for return to civilian employment.  

3.  It is the mission of the Veterans Benefits Administration to provide benefits and services to veterans in a responsive and timely manner in recognition of their service to the nation.

4.  The rating action by the VA does not necessarily demonstrate an error or injustice in the Army rating.  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 modify its rating.  In addition, in 1993 the VA noted that medical evidence did not show restriction of function of his right arm or left leg and buttock.

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

JH______  FNE_____  TBR_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10785	
SUFFIX		
RECON		
DATE BOARDED	19981209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	145.00	
2.		
3.		
4.		
5.		
6.