MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           9 February 2000                   
	DOCKET NUMBER:   AR1999028304

	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.

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Ms. Deborah S. Jacobs		Member	
	Ms. Carol Jo Suiter		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 her medical separation be changed to a medical retirement.

APPLICANT STATES:  That she should have received a rating of at least 20 percent for Raynaud’s Phenomenon due to attacks of blanching and cyanosis of her fingers, 10 – 20 percent for her knees as she has constant severe pain in her knees (she was given a 0 percent rating), and at least 10 percent for Lupus.  Supporting evidence is as listed on the DD Form 149.

EVIDENCE OF RECORD:  The applicant's military records (performance fiche only of her Official Military Personnel File is available) show:

She apparently enlisted in the Regular Army on 27 March 1985.  She held military occupational specialties (MOSs) 36M, Switching Systems Operator, and 31F, Mobile Subscriber Equipment Network Switching System Operator.  She served in Saudi Arabia during Operation Desert Storm where she first noticed hand and foot cold intolerance.  She was assigned to Fort Hood, TX on or about May 1993.

The applicant’s non-commissioned officer evaluation report (NCO-ER) for the period ending September 1995, when she performed duties as a wire system installer section sergeant included comments such as “Blended management skills with technical capability to accomplish the mission” and “Can be counted upon to get the job done.”  It also showed she was awarded a certificate of achievement for attaining a score of 288 (maximum 300) on her Army Physical Fitness Test (APFT).  Her NCO-ER for the period ending June 1996, when she performed duties as the battalion training NCO included comments such as “Unlimited potential, what she can do is only limited by her superiors” and “Great candidate for Recruiter or Drill Sergeant.”  It also showed she scored 300 on her APFT.  Her NCO-ER for the period ending March 1997, when she performed duties as the battalion training NCO included comments such as “Has the ability to go the distance – excellent physical condition” and ”Assign to a tactical signal battalion as section sergeant.”  All her previous NCO-ERs also showed that she could perform her duties.

In March 1998, a medical evaluation board (MEB) evaluated the applicant for a chief complaint of pain, stiffness, numbness and color changes in her hands and feet when exposed to the cold.  She described blanching of the skin in both her hands and feet but no cyanosis and the need to wear gloves anytime the temperature was below 70 degrees.  She was first diagnosed with Raynaud’s Phenomenon in February 1997 and was given a permanent profile for no prolonged cold exposure.  The MEB noted she had had low back pain since 1985 and was first diagnosed with patellofemoral syndrome bilaterally in 1985.  She was given a cold water test where her left hand was submerged in ice water for one minute, which revealed only mild hyperemia (an engorgement with blood) with no blanching or cyanosis.  Her Raynaud’s Phenomenon required medication and a cold weather profile.  Her prognosis was excellent as long as her hands and feet could stay warm and as long as her hands could stay warm she would not be limited by the condition.  It was possible Raynaud’s Phenomenon could be a first presentation of a more serious disorder such as Lupus.  The applicant stated she could not work as a 31F due to frequent cold exposure causing stiffness in her hands and inability to work the necessary computers.  The MEB found she did meet retention standards but referred her to a physical evaluation board (PEB).

The applicant was promoted to Sergeant First Class, E-7 on 1 May 1998 and was awarded MOS 31W, Mobile Subscriber Equipment Communications Chief.

On 16 December 1998, a PEB found the applicant unfit for duty with a disability rating of 10 percent for Raynaud’s Phenomenon without trophic skin changes and hyperemia only without blanching or cyanosis on exposure to ice water and 10 percent for chronic mechanical low back pain without neurologic abnormality.  
The PEB recommended her separation with severance pay.

On 21 December 1998, the MEB prepared an addendum.  The addendum noted the applicant had a 12-year history of bilateral anterior knee pain with a gradual onset over the past 12-years.  She had full range of motion and no instability.  Mild degenerative changes were found.  She stated she could not perform her military duties.  She could not run, carry heavy equipment or walk on uneven hilly terrain.  The MEB recommended she be referred back to the PEB for revision of her judication (sic).

The applicant appealed the findings of the PEB and submitted the MEB addendum as evidence.  She stated that because of her cold weather condition she might have to sell her house and move to a year-round warm area.  Even prolonged cool air conditioning was unbearable.  Her last physical (in 1992/1993) showed she had cyanosis and blanching.  She had frequent illnesses and required constant medical care.  Civilian care and medication would be unaffordable.  Her plans had been that after retirement she would become a registered nurse, but her back and knee pain now prevent that.  

On 28 December 1998, the U. S. Army Physical Evaluation Board reviewed her rebuttal and the addendum and found that no change to the original findings was warranted.  

The applicant further rebutted the PEB’s findings.  She felt it was only fair that she receive full benefits from the military and more importantly constant medical care from the nearby military facilities.  She wanted the Army to assume full responsibility of providing patient care and health benefits.  The U. S. Army Physical Evaluation Board again considered her rebuttal and found that no change to the original findings was warranted.

The applicant was separated on 28 February 1999 with severance pay.  Her DD Form 214 is not available.

The applicant provides a portion of a VA rating decision dated 8 April 1999 which shows the VA awarded her a 10 percent disability rating for degenerative changes in her right and left knees.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his or her office, grade, rank or rating in such a way as to reasonably fulfill the purpose of his employment on active duty.  It states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.

Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.

Providing definitive medical care to veterans is not within the DA mission.  It is the mission of the Veterans Benefits Administration, in partnership with the Veterans Health Administration and the National Cemetery System, to provide benefits and services to veterans and their families in a responsive, timely and compassionate manner in recognition of their service to the nation.

Title 38, U. S. 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.  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.

2.  The Board concludes that the applicant’s disabilities were properly rated.  Although symptoms of Raynaud’s Phenomenon may have been identified during a physical examination as early as 1992 there is no evidence of record, as shown by her NCO-ERs, that it interfered with the performance of her duties at least through March 1997.  An ice water test performed in March 1998 by the MEB, a condition considerably cooler than an air-conditioned room, did not induce blanching in her hand.  

3.  There is no evidence of record to show that the applicant’s knee pain interfered with the performance of her duties.  As shown by her NCO-ERs, she exceeded the requirements of the APFT and received very favorable comments about the performance of her duties at least through March 1997.  Her last available NCO-ER also showed that her raters felt her capable of performing in a tactical environment in her MOS at least as of March 1997.  The MEB addendum noted she had had knee pain for the past 12 years but did not mention anything about a sudden worsening over the past 18 months.  There is no other evidence to show that it had considerably worsened over the past 18 months; therefore, the Board concludes her knee pain did not prevent her from performing her duties and so was not a ratable condition.  

4.  There is no evidence of record to show the applicant was actually diagnosed with Lupus or, if so, that it interfered with the performance of her duties.

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

__rvo___  __dsj___  __cjs___  DENY APPLICATION

Karl F. Schneider
Director, Army Review Boards Agency

INDEX

CASE ID	AR1999028304	
SUFFIX		
RECON		
DATE BOARDED	20000209	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.02	
2.		
3.		
4.		
5.		
6.