MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           2 September 1999                   
	DOCKET NUMBER:   AR1999021938

	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	
	Mrs. Judy Blanchard-Miller 		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Thomas N. Kuhn		Member	
	Mr. James M. Alward		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:  A medical retirement in lieu of an honorable discharge.

APPLICANT STATES:  In effect, that prior to discharge his service-incurred combat injuries were so severe that he should have been referred to a Physical Evaluation Board.  

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

On 25 May 1967, the applicant was inducted into the Army of the United States for 2 years.  He completed the required training and was awarded military occupational specialty 11C10 (Infantryman indirect Fire Crewmember).  The highest grade he achieved was pay grade E-5.

On 23 August 1968, while assigned to a unit in Vietnam, the applicant suffered multiple fragment wounds to the left leg as well as wounds of the chest wall, neck right hand and left arm.  He was awarded the Purple Heart for wounds received during hostile fire.  

On 5 February 1969, a physical evaluation found the applicant physically fit for retention.   
     
On 10 February 1969, the applicant was honorably discharged in pay grade E-5 under provisions of Army Regulation 635-200, chapter 5 (Enlisted member of medical holding units who, upon completion of hospitalization, do not intend to immediately enlist or reenlist in the Regular Army).  He had completed 1 year, 
8 months and 16 days of creditable active service.  He was awarded the Purple Heart, the National Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal and the combat Infantryman Badge.

On 9 November 1971, the Veterans Administration, awarded the applicant a combined service connected disability rating of 100 percent for Otitis Media (severe inflammation of the middle ear).  On 1 January 1972, the VA decreased the rating to 60 percent.

Title 38, United States Code, sections 310and 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 conditions, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement may be sufficient to qualify for individual for benefits based on an evaluation by that agency.                   

Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.  

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.  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.

2.  The medical evidence of record indicates that the applicant was medically fit for retention at the time of his separation.  He has submitted no probative medical evidence to the contrary.

3.  The applicant’s medical record indicates that he did not have any medical unfitting disability processing.  Therefore, there is no basis for physical disability retirement or separation.

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 the 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

__mkp___  __tnk___  __jma___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX
CASE ID	AR1999021938	
SUFFIX		
RECON		
DATE BOARDED	19990902	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19690210	
DISCHARGE AUTHORITY	AR635-200, chapter 5 .  .  .  .  .  	
DISCHARGE REASON	A31.00	
BOARD DECISION	 DENY	
REVIEW AUTHORITY		
ISSUES         1.	144.31	
2.	110.00	
3.		
4.		
5.		
6.