MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           25 August 1999     
	DOCKET NUMBER:   AR1999025127

	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. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Allen L. Raub		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, the applicant requests that his percentage of disability be increased from 30 percent to 100 percent.  

APPLICANT STATES:  The applicant quotes from a VFW publication which purportedly states, “that criteria must be modified in an exceptional case where there is present an unusual disability factor, as marked interference with employment or frequent periods of hospitalization, which renders the veteran unable to secure or follow a substantially gainful occupation.  A veteran with service connected epilepsy irrespective of the percentage rating may find employment and rehabilitation difficult to obtain due to employers’ reluctance to hire an epileptic, which results in the veteran being considered an industrial outcast.  He could be rated 100 percent by reason of individual unemployability.”

The applicant states that he knows from his daily experiences with his service connected heart disease that he is considered an industrial outcast because he is unsafe with his dizzy spells.  He states that in addition to his letter and doctors medical records he sent on 21 October 1997, he encloses a copy of the results of a federal medical classification status, confirming total disability because of cardiac disorder.  NOTE:  None of this information is available.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board’s consideration of his case on 21 January 1970, in which the Board granted the applicant’s request to be placed on the temporary disability retired list (TDRL) on 19 April 1969 with a 30 percent disability rating.

On 21 June 1971 a physical evaluation board (PEB) found that the applicant was physically unfit because of his disability for premature ventricular contractions, multiple, probably multifocal, worsened with exertion, etiology undetermined, refractory to therapy; severe, frequent attacks; and recommended a combined rating of 30 percent and that the applicant be permanently retired from the service.  The applicant concurred in the findings and recommendations of the board.  The applicant was removed from the TDRL and permanently retired on    1 September 1971 with a 30 percent disability rating. 

The applicant provided with his application a copy of a 13 October 1994 form (Idle, Convalescent and Change in Work Classification Status) from the United States penitentiary in Leavenworth, Kansas, signed by an individual who stated that the applicant was totally disabled because of cardiac disorder.

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.

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 VA 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. The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated, and if found unfit, determine the percentage of disability at the time of retirement or separation.  Any rating action by the VA does not compel the Army to modify its 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.  The medical evidence of record supports the determination that the applicant's unfitting condition was properly diagnosed and rated at the time of his discharge and his disability was properly rated in accordance with the VA Schedule for Rating Disabilities.  The applicant has provided no probative medical evidence to show differently.

2.  The applicant’s medical condition may have worsened as he has stated, or it may have improved with time.  Be that as it may, that applicant has provided no evidence that his disability rating of 30 percent granted some 28 years ago, the correctness of which the applicant does not dispute, should be increased to 100 percent based on his physical condition at the present time.  The rating awarded in 1971 is correct.  

3.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.   

4.  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.

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

___lls__  __le____  ___alr_____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999025127	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990825	
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. 108.00		
2.		
3.		
4.		
5.		
6.