MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:  16 September 1999
	DOCKET NUMBER:   AR1999022888

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Ms. Melinda M. Darby		Chairperson	
	Ms. Sherri V. Ward		Member	
	Mr. Van B. Cunningham		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 his discharge be changed to retirement or separation with pay entitlement by reason of physical disability.

APPLICANT STATES:  That he had prior service and discharges from the Army and there was no error or injustice done to him.  However, when he returned from Europe he began having problems such as cerebral brain damage, a nervous condition, a heart condition, and many other conditions as a result of his military service.  He is receiving money from the VA and social security payments and has been declared incompetent to manage his money.

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

He had a prior period of service from 24 July 1958 to 21 July 1961 and received an honorable discharge by reason of expiration of term of service (ETS).  He had served as a physical reconditioning specialist and was transferred to the USAR control group in Europe in grade E-4.  A 26 April 1961 report of medical history for the purpose of separation notes that he had the normal childhood diseases, tonsils removed at age 10, flat feet, small hernia, and suffered from sea sickness.

On 2 June 1964 he reenlisted in the Regular Army for 3 years in grade E-2.  His 2 June 1964 enlistment physical examination notes no new medical history and he was qualified for enlistment with a physical profile of 1/1/1/1/1/1.  He was assigned as a medical specialist at Fort Riley, Kansas from 24 June to 8 September 1964.

On 9 September 1964 he was transferred to the Army hospital in Denver, Colorado with a diagnosis of schizophrenic reaction, paranoid type, chronic.  A 5 page narrative summary, dated 16 December 1964, notes that the applicant had been in pre-trial confinement on charges of indecent assault prior to admission.  His past history noted a long history of auditory hallucinations.  He would hear voices and sometimes they would call him names.  While in the hospital a recommendation was prepared to have the pending charges dropped to allow for medical separation from the service.  This action was approved on 23 October 1964.

Medical authorities believed that the applicant’s fragile and strained defenses caused the acute schizophrenic episode and he was then in remission.  A 28 October 1964 medical evaluation board (MEB) recommended he be honorably discharged to his own care based on the findings of his medical condition which existed prior to service (EPTS) and was not considered to have incurred or been aggravated during either period of military service.  It was also noted that the applicant had requested a medical discharge and waived his right to a hearing by a physical evaluation board (PEB).  The findings and recommendations of the MEB were approved on 17 December 1964 and the applicant acknowledged them with his signature the same date and declined to appeal.

Effective 4 January 1965 the applicant was separated under authority of Army Regulation 635-40 by reason of physical disability without separation pay based on his EPTS condition.  He had 3 years, 7 months, and 1 day active duty service.

Army Regulation 635-40, paragraph 4-19 (4a), provides that individuals who are unfit by reason of physical disability neither incurred nor aggravated during any period of service will be separated for physical disability without entitlement to benefits.

Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition.  The VA, however, is not required by law to determine that medical unfitness occurred incident to 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 veteran concerned.

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 medical evidence of record indicates that the applicant was found medically unfit for further service and the MEB further determined that this medically unfitting condition existed prior to either period of active service and was neither caused nor aggravated by either period of service.

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

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

__MD___  __SW___  ___VC___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999022888	
SUFFIX		
RECON		
DATE BOARDED	19990916	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.01	
2.		
3.		
4.		
5.		
6.