MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  9 November 1999                           
	DOCKET NUMBER:   AR1999023644

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor		Chairperson	
	Ms. Celia L. Dadolphi		Member	
	Ms. Karen Y. Fletcher		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, reconsideration of his request for a medical retirement.

APPLICANT STATES:  In effect, that he requests a medical retirement due to a combat wound that he received in Germany on 22 March 1945.  The Department of Veterans Affairs (DVA) has awarded him a 100% service connected disability rating.  A medical retirement would entitle him to a green identification card and other perks in which he is not entitled.  In support of his request he submits a DVA rating, Secretary of War Disability Review Board Proceedings, and medical documents.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 24 January 1990.  (COPY ATTACHED).

The attached Army Board for Correction of Military Records (ABCMR) Memorandum of Consideration shows that the applicant entered into the Army of the United States on 26 July 1944 as a commissioned officer.  On 22 March 1945, while serving in Germany, during hostile action a bullet entered his left buttock and exited through the left thigh.  The bullet lacerated his scrotum and penis and tore away the left testicle.  He remained in an active duty status, and he was treated in various military hospitals until his wounds were completely healed. 

On 29 June 1945, the applicant was separated from the service by reason of physical disability because of (20/400, Astigmatism, myopic, compound, bilateral vision).  The problem existed prior to military service, and was correctable to 20/20 bilateral vision.  

The Secretary of War Disability Review Board Proceedings dated 5 June
1946 and 7 April 1947 and the 17 February 1947, War Department's, Adjutant Generals Review shows that the gunshot wounds the applicant received in action were not considered sufficiently incapacitating to warrant granting physical disability retirement.  

Additionally, the 24 January 1990, ABCMR Memorandum of Consideration shows that the Office of the Surgeon General opined that "the only error made in the applicants case at the time of his discharge is the finding that he was physically disabled to serve as an officer or enlisted man due to his uncorrected vision (20/400).  He was qualified to serve in either capacity in non-combat services."  Further, the Office or the Surgeon General recommended that the applicant's request for a medical retirement because of the gunshot wounds be denied.

On 16 April 1999, the Department of Veterans Affairs (DVA) awarded the applicant a 100% service connected disability rating due to the fact that he is unemployable.  

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 overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.  The applicant was discharged as a result of a vision problem that was correctable to 20/20 bilateral vision and it existed prior to military service.  The gunshot wounds that he received did not render him medically unfit for retention. 

2.  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.

3.  Further, the fact that the VA, in its discretion, has awarded the applicant a 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.

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

RVO____  CLA____  KYF_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999023644	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19991109	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON	A269	
BOARD DECISION	(NC)	
REVIEW AUTHORITY		
ISSUES         1.	A124.0000	
2.		
3.		
4.		
5.		
6.