MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            13 July 2000                  
	DOCKET NUMBER:   AR1999027335

	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. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Jennifer L. Prater		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. James E. Anderholm		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:  That the records of her deceased husband, a former service member (FSM) be corrected to show he received a service connected disability separation.

APPLICANT STATES:  That the FSM developed multiple sclerosis during his military service, however, his records do not reflect that it was service-connected. In support of her request the applicant submits a copy of the FSM death certificate, medical records, and statements of support from family and friends.

COUNSEL CONTENDS:  Counsel contends that the FSM was honorably discharged in June 1968, and in November 1968, began experiencing incidents of severe headaches, dizziness, blurry and impaired vision; and temporary paralysis, which was diagnosed in 1991 as multiple sclerosis.  He contends that the FSM demonstrated various symptoms of this disease after his return from Vietnam, which were noted by friends and family but not confirmed by a physician.  He acknowledges that there is no record of these symptoms while the FSM was in the military, however, numerous stateside physicians failed to recognize the symptoms, which would have been difficult for Army physicians under the circumstances and possibly misidentified as combat fatigue.  He states that the FSM died in 1996 from pneumonia which was a direct result of his multiple sclerosis, which he developed during his military service.  

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

On 14 June 1966, he was inducted into the Army of the United States for a period of 2 years.  

The FSM served in the Republic of Vietnam from 19 November 1966 to             16 November 1967.

On 10 May 1968 the FSM underwent a physical examination in preparation for separation from active duty.  The examination noted he suffered from high blood pressure, however, the examining physician found him medically qualified for separation with a physical profile of 1-1-1-1-1-1.

On 13 June 1968, the FSM was separated from active duty, upon expiration of his term of service, with an honorable characterization of service and transferred to the U.S. Army Reserve (USAR) in the pay grade of E-4.  On 13 June 1972, he was honorably discharged from the USAR upon expiration of his term of service.

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 40-501, at paragraph 3-3a, provided, in pertinent part, that performance of duty despite an impairment would be considered presumptive evidence of physical fitness.

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

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.  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.  

2.  The applicant has failed to submit evidence to show the existence of an error or injustice in this case.  

3.  There is no evidence in the available records to indicate that the FSM developed multiple sclerosis during his military service, or that he sought medical attention for or displayed any symptoms of the disease. Therefore, there is no basis for a finding of service aggravation.

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

____jlp__  ___mhm__  ___jea__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999027335	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000713	
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.  108.01		
2.		
3.		
4.		
5.		
6.