MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            3 August 2000     
	DOCKET NUMBER:   AR2000035259

	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. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Calvin M. Fowler		Member	
	Mr. Edwin S. Castle		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, that his records be corrected to reflect that he was retired or separated by reason of physical disability.

APPLICANT STATES:  That his sickle cell disease was aggravated by the physically demanding training he underwent while in the Army.  He states he was discharged from the United States Marine Corps (USMC) in 1973 and 1986 because of his sickle cell disease.  He maintains that his condition was aggravated by his Army service between 1977 and 1983 and that as such he should have been retired or separated by reason of physical disability.  He notes that his condition “has gotten so bad [he] can not work.”  In support of his request he submits copies of his USMC separation reports and a copy of the VA rating action denying him service connected disability for sickle cell disease.

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

He served on active duty with the USMC from 15 June 1973 until 24 July 1973 and again from 26 March 1986 through 28 April 1986.  His 1986 DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he was separated based on a physical disability which existed prior to his entry on active duty although there are no documents in available records associated with his USMC separation actions.

On 14 March 1977 the applicant enlisted in the Army and served successfully until he was discharged at the conclusion of his enlistment contract on 
18 October 1983.  His 1977 Army enlistment contract makes no mention of any previous military service.  His one performance evaluation reports for his active Army service indicates he adequately performed his duties in the supply field.  At the time of his separation his physical profile was recorded as 1-1-1-1-1-1.

Army Regulation 635-40 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.  When a solider is being processed for separation or retirement for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the soldier is scheduled for separation or retirement, creates a presumption that the soldier is fit.  The presumption of fitness may be overcome if the evidence establishes that the soldier was, in fact, physically unable to perform adequately the duties of his or her office, grade, rank or rating for a period of time because of disability.  There must be a causative relationship between the less than adequate duty performance and the unfitting medical condition or conditions.  The presumption of fitness may also be overcome by an acute, grave illness or injury or other significant deterioration of the soldier’s physical condition occurred immediately prior to, or coincident with processing for separation or retirement for reasons other than physical disability and which rendered the soldier unfit for further duty. 

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.  Although the applicant may have been separated from other periods of military service because of an existing medical condition there is no evidence which indicates that his Army service was affected by any medical condition.  His continued performance of duty until his separation from active duty in October 1983 raised a presumption of fitness which he has not overcome by evidence of any unfitting, acute, grave illness of injury concomitant with his separation.

2.  The evidence of record indicates he did not have any medically unfitting disability which required physical disability processing from the Army.  Therefore, there is no basis for physical disability retirement or separation.  The fact that he may have been discharged from other military services because of a pre-existing condition is not evidence that he was unfit during his Army service nor does it serve as a basis to change the reason for his separation from the Army.

3.  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 that requirement.

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

__cmf__  __jns___  __esc___  DENY APPLICATION

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

INDEX

CASE ID	AR2000035259	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000803	
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.