MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:

	BOARD DATE:            19 May 1999                  
	DOCKET NUMBER:   AR1999022588

	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. David E. Weightman		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Robert G. Hinkle		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:  Correction of his military records to show he received a disability retirement.

APPLICANT STATES:  While in the service for 26 years he was forced to work in an environment with second hand smoke and he is now suffering from many medical maladies caused by those conditions.  He also took employment after service in the Post Office where he was again forced to work around others who smoked.  He did not smoke.  He also states that since 1983 he is now suffering from acute bronchitis, diabetes, high blood pressure, a left eye problem requiring surgery, an abnormal PSA, and impotency.  He submits a pulmonary function lab report and evaluation showing asthma like conditions since 1983.

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

The applicant enlisted in the Regular Army on 9 March 1948 at age 18 and remained until 1 March 1954.  He was again enlisted in the Regular Army on 
17 April 1954.  He requested and received length of service retirement effective 
30 April 1974.  He was retired in pay grade E-7 with 26 years and 7 days of active Federal service.  His age was 44 and he was found medically fit for retirement at that time, with a physical profile code of 111111.

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.

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.

Army Regulation 635-40, paragraph 2-2b, as amended, provides that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

On 22 March 1999 the Army Review Board Agency Medical Staff Officer and Medical Advisor expressed the opinion (COPY ATTACHED) that there was no evidence of a medical condition that warranted disability retirement for the applicant, and that there is no medical reason to change his discharge.

The opinion was referred to the applicant by mail on 30 March 1999 for his acknowledgment and possible rebuttal.  He did not respond.
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, it is concluded:

1.  The applicant is not entitled to disability retirement.  He has not shown error or injustice for the relief he is requesting.  He was properly retired based on length of service.  His service was not interrupted by physical impairment.  He has not shown otherwise.

2.  His contentions are noted; however, they are not supported by his application or his records.  He did not have any medically unfitting disability which required discharge.  Therefore, there is no basis for physical disability retirement or 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.  It is noted here that the applicant may contact his nearest Veterans Affairs office/facility for possible assistance.

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

jns_____   rgh____     rwa _____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022588	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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	
2.		
3.		
4.		
5.		
6.