MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:	 

	BOARD DATE:             4 November 1999                 
	DOCKET NUMBER:	AR1999027475

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. Elizabeth Buchanon 		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Hubert O. Fry, Jr.		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:  Reconsideration of his previous application to correct his records by granting him physical disability retirement. 

APPLICANT STATES:  In effect, that his current condition had its onset while he was on active duty, that he was receiving care for a mental condition at the time of his release and that in light of the award of VA benefits warrants physical disability retirement.

NEW EVIDENCE OR INFORMATION:  The applicant’s case is reopened in accordance with the Army Board for Correction of Military Records Reconsideration Project (ABCMR-RP) criteria.  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 21 June 1989 (COPY ATTACHED).  The applicant’s interim request was administratively closed.

The applicant submits a copy of a 22 February 1999 private medical report affording the diagnosis paranoid schizophrenia.

Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further 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 individual concerned.  Consequently, due to the two concepts involved, an individual's medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.

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 fact that the VA has awarded the applicant a disability rating which is not in consonance with the Army's physically fit rating, but is within the policies of that agency, does not mean that either rating is erroneous.  The VA rating does not establish physical unfitness, nor the degree thereof, for Department of the Army purposes.  Each department is bound to operate within its own rules, regulations, and policies.

2.  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.

3.  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

___eb___  __aao___  __hof____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999027475	
SUFFIX		
RECON	 	
DATE BOARDED	 19991104	
TYPE OF DISCHARGE	 	
DATE OF DISCHARGE	 	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES        1.	108.00	
2.	108.02	
3.		
4.		
5.		
6.