MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 March 1999      
	DOCKET NUMBER:   AR1999019925

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Gary C. Miller		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, physical disability retirement.  The applicant requests that her records show that she was discharged with a diagnosis of inflammatory arthritis to her right knee.

APPLICANT STATES:  That she was diagnosed with rheumatoid arthritis while on active duty, which is supported by medical evidence.  

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

The applicant enlisted in the Army for five years on 30 June 1993, completed training and in September was assigned to a field hospital at Fort Polk, Louisiana as a licensed practical nurse.  On 1 January 1994 she was promoted to Sergeant.

Medical records show that the applicant received physical therapy for problems with her right knee in September and October of 1995 while assigned to Fort Polk.

The applicant was discharged on 23 February 1996 under the provisions of Army Regulation 635-40 for disability.  Her percentage of disability was 10 percent, and she received disability severance pay of  $7572.60.  She had 2 years, 7 months, and 24 days of service.

There are no medical evaluation board (MEB) or physical evaluation board (PEB) proceedings contained in her records. 

A hospital report from the University of Michigan of 15 April and 20 May 1996 indicate that the applicant was diagnosed with inflammatory arthritis, and a VA medical report of 3 November 1996 shows that her condition was diagnosed as seronegative rheumatoid arthritis, a disease process affecting different joints at different times.  

On 13 December 1996 the VA awarded the applicant a 40 percent disability rating for residuals of inflammatory arthritis for symptom combinations productive of impaired health.  The evaluation was computed as 10 percent for residuals of her right knee, 0 percent for residuals of her left knee, 10 percent for residuals of her left shoulder, 0 percent for residuals of her right shoulder, 10 percent for residuals of her left wrist, 10 percent for residuals of her right wrist, and 0 percent for residuals of both her right foot and her left foot.  This rating was an increase of a previous rating of 10 percent. 

Army Regulation 635-40 sets forth policies, responsibilities, and procedures that apply in determining whether a soldier is unfit because of physical disability, and if found unfit, provides for disposition of the soldier.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.

Title 38, United States 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, and advisory opinion(s), it is concluded:

1.  Because of the absence of the MEB and PEB proceedings, the facts and circumstances concerning the applicant’s administrative discharge are not on file. The Board presumes administrative regularity in the processing of the applicant’s discharge.  There is nothing in the available records or in anything submitted by the applicant to overcome that presumption.

2.  The rating action by the VA does not necessarily demonstrate any error or injustice in the Army rating.  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 rating.

3.  The award of VA compensation does not mandate disability retirement or separation from the Army.  The VA, operating under its own policies and regulations, may make a determination that a medical condition warrants compensation.  The VA is not required to determine fitness for duty at the time of separation.  The Army must find a member physically unfit before he can be medically retired or separated.

4.  An award of a VA rating does not establish entitlement to medical retirement or separation.  The VA is not required to find unfitness for duty.  Operating under its own policies and regulations, the VA awards ratings because a medical condition is related to service, i.e., service-connected.  Furthermore, the VA can evaluate a veteran throughout his lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.  The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated.

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999019925	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990303	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1. 108.00		
2.		
3.		
4.		
5.		
6.