MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	

	BOARD DATE:             9 November 1999
	DOCKET NUMBER:	AR1999016892

	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. Raymond V. O'Connor, Jr.		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Ms. Karen Y. Fletcher		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:  In effect, reconsideration of his previous application to correct his records by  changing the reason for his separation to physical disability retirement.

APPLICANT STATES:  In effect, that at the time of his discharge he was medically unfit. 

NEW EVIDENCE OR INFORMATION:  The applicant’s case is reopened in accordance with the Army Board for Correction of Military Records Reconsideration Project (ABCMR-RP) criteria.  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 1 February 1995 (COPY ATTACHED).  The applicant’s interim requests were administratively closed.

The applicant submits copies of a May 7 1992 medical evaluation in which the examining doctor reports the medical history as related by the applicant.  He also submits copies of subsequent civilian and VA treatment records and VA evaluations.

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.  While a VA disability rating (or a change thereto) and records of post service medical treatment might be an indication that  an error or an injustice had occurred in the Army's  handling the associated case,  such documents are not, in and of themselves, a basis for establishing Army physical unfitness. 

2.  Nothing in the documents provided by the applicant relate to the PEB finding that the applicant's disabling condition (necrosis) had existed prior to the period of service.  If fact, these documents do not even contain a medical opinion that such might be the case.

3.  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.

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

__rvo____  __cla  __  __kyf____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016892	
SUFFIX		
RECON		
DATE BOARDED	19991109	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES        1.	108.04	
2.		
3.		
4.		
5.		
6.