MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:          21 October 1999
	DOCKET NUMBER:  AR1999017001

	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	
	Mr. Raymond J. Wagner		Member	
	Ms. Carol Jo Suiter		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:  Under the provisions of the Board’s Reconsideration Project, that his earlier appeal to change the reason for his 1988 honorable discharge to physical disability be reconsidered.

APPLICANT STATES:   In effect, that a 1995 changes in his VA disability rating demonstrate that he was disabled when he was discharged.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were reported in a memoranda prepared to reflect the Board's original consideration of the case on 13 October 1993 (COPY ATTACHED).

The applicant submits a copy of a 29 June 1995 VA rating decision which is , technically, new evidence. 

The rating decisions show the applicant was rated for sarcoidosis at 100 percent, anemia at 30 percent, hepatic sarcoidosos at 10 percent  and chronic low back strain at 10 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.  The applicant was performing duty at the time of separation under the Qualitative Management Program.  He underwent a separation physical examination which found him qualified.   While the establishment (or change) of a VA disability rating might be an indication that an error had occurred in a particular case, such a VA rating is not sufficient to establish, in the face of convincing evidence to the contrary, that an individual was physically unable to perform duty.

2.  The issue of the differences between the military and the VA application of the disability system is established in law and was completely and competently discussed in the previous review.  The change in the VA rating does not make any difference in this 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

__rvc___  __rjw____  __cjs ____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999017001	
SUFFIX		
RECON		
DATE BOARDED	19991021	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.04	
2.		
3.		
4.		
5.		
6.