MEMORANDUM OF CONSIDERATION

IN THE CASE OF:   
	  
-
BOARD DATE:           8 July 1999                   
DOCKET NUMBER:  AR1999021336

	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. G. E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar 		Chairperson	
	Mr. Raymond V. O’Connor, Jr.		Member	
	Mr. Roger W. Able		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: Reconsideration of his application to correct his records by showing he was separated due to a physical disability due to post traumatic stress disorder (PTSD).

APPLICANT STATES:  In effect, that the evidence he has submitted shows that he is totally disabled as a result of PTSD and that this condition had its onset while he was on active duty.  He contends that it was the manifestations of this condition that impaired his ability to serve and that he should be retired or separated by reason of physical disability based upon he has being rated totally disabled by the VA.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a record of proceedings prepared to reflect the Board's consideration of his case on 28 August 1997 (COPY ATTACHED).

The applicant submits copies of a transcript of a 15 June 1981 VA hearing which resulted in his VA award of service connection disability and the 5 October 1998 Board of Veterans’ Appeals decision which granted him an increase from a 30% evaluation to a total (100%) evaluation for PTSD.

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.

Army Regulation 635-40, paragraph 1-2, in effect at the time, provided that no enlisted member may be referred for physical disability processing when action has been or will be taken to separate him or her for unfitness, except when the officer exercising general court-martial jurisdiction determines that the disability was the cause or substantial contributing cause of the misconduct, or that circumstances warrant physical disability processing in lieu of administrative processing.

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 fact that the VA, in its discretion, has awarded the applicant a total disability rating is a prerogative exercised within the policies of that agency.  It does not, in itself, establish physical unfitness for Department of the Army purposes.  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.

2.  As noted in the Board’s prior decision, in the absence of evidence that, at the time of his separation, he was so impaired as to be unable to tell right from wrong or to adhere to the right, the processing separation under the provisions of Army Regulation 635-200, chapter 10 was proper and due to pending charges precluded any consideration for physical disability processing.

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

__JH__ _  __RVO__  ___RWA_   DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999021336	
SUFFIX		
RECON	 	
DATE BOARDED	19990708 	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	  . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108	
2.	A93.23	
3.		
4.		
5.		
6.