MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             8 September 1999
	DOCKET NUMBER:   AR1999018139

	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	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Karen L. Wolff		Member	
	Mr. Orville W. Troesch, Jr.		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, that she be medically retired from the Army National Guard. 

APPLICANT STATES:  She was discharged from the Army National Guard because of her asthma and as such believes she is entitled to a disability retirement.

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

She became a member of the Army National Guard in April 1987 after several years in the Air Force Reserve.

On 30 May 1996 the applicant requested that she be medically evaluated for retention in the National Guard following a diagnosis of asthma.  She noted in her request that she had a temporary profile and that the asthma, along with several other medical complaints made it impossible for her to participate fully in a military career.  She acknowledged in her request that she was well of aware of “everything I will be losing when the board makes its decision.”  The applicant implies that the VA has determined that her asthma was “service connected.”  As a result of her request the applicant’s medical records were reviewed and it was determined that she no longer met medical retention standards and as such should be separated.

The applicant was notified of the findings of the State Medical Duty Review Board and acknowledged receipt of the notification on 3 October 1996.  She indicated that she did not wish to appeal the recommendation of the Review Board.  In December 1996 the applicant was notified that the Review Board’s recommendation had been approved and that she would be separated effective 
1 February 1997.  She had accumulated nearly 12 years of military service for pay purposes at the time of her separation.

Army Regulation 635-40, paragraph B-10, provides that hereditary, congenital, and other EPTS conditions frequently become unfitting through natural progression and should not be assigned a disability rating unless service aggravated complications are clearly documented or unless a soldier has been permitted to continue on active duty after such a condition, known to be progressive, was diagnoses or should have been diagnosed.

Army Regulation 635-40 also provides that individuals who are unfit by reason of physical disability neither incurred nor aggravated during any period of service will be separated without entitlement to benefits.

Army Regulation 635-40 states, in effect, that Reserve Component soldier will be separated from the Reserves when they no longer meet medical retention standards.  Such separation will be without benefits if the unfitting condition results from an injury which is due to the intentional misconduct or willful neglect of the individual, if the disability was incurred during a period of unauthorized absence, or if the disability was not incurred or aggravated as the proximate result of performing annual training, active duty special work, active duty for training, or inactive duty training.

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.  There is no evidence, nor has the applicant provided any, which confirms that her medical condition was the proximate result of performing her military service.  As such there is no basis to correct her records to reflect medical retirement.

2.  A rating action by the VA does not necessarily demonstrate any error or injustice by the Army.  The VA, operating under its own policies and regulations, assigns disability ratings as it sees fit.  Any rating action by the VA does not compel the Army to modify its reason or authority for separation.

3.  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.

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

___fkm__  ___klw__  ___owt__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999018139	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990908	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.