MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           11 July 2000       
	DOCKET NUMBER:   AR2000035669

	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		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. John Saputo		Member	
	Mr. Roger Able		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, disability retirement or separation.

APPLICANT STATES:  He does not recall receiving a separation physical examination at the time of his 1970 discharge.  He notes that “some months later [after his separation]…during a training exercise” he became completely “stressed out” and argued with an officer and left but does not “remember ever returning.”  He states that his “stress became more and more severe” and in 1990 the VA diagnosed him with Post Traumatic Stress Disorder (PTSD) and determined that his condition was service connected.  He contends that his condition rendered him unfit for military duty and as such he is entitled to disability severance pay or disability retirement.  He notes that had he received a better evaluation at the time of his separation from active duty in 1970 his condition would have been discovered and he would have received appropriate benefits.  He submits no evidence in support of his request but does state that in 1990 the VA granted him a 30 percent disability rating based on his PTSD.

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

He was inducted and entered active duty on 26 July 1968.  In January 1969, following successful completion of basic and advanced individual training, he was assigned to the 85th Evacuation Hospital in Vietnam as a medical specialist.  The applicant returned to the United States in February 1970 and on 1 March 1970 was honorably discharged as an “overseas returnee.”

A separation physical examination, conducted on 1 March 1970, found the applicant medically qualified for separation with a physical profile of 1-1-1-1-1-1.  In the applicant’s portion of the examination he noted that his health was good and indicated he did not suffer from “frequent trouble sleeping, frequent or terrifying nightmares, depression or excessive worry, loss of memory or amnesia” or any “nervous trouble of any sort.”  He did note, however, that he suffered from “frequent or severe headaches.”  The evaluating physician noted that the applicant’s headaches existed prior to his entry on active duty.

The applicant was transferred to the U.S. Army Reserve (USAR) Control Group following his separation from active duty in 1970.  On 8 March 1975 he enlisted in a USAR Troop Program Unit.  A physical examination, conducted in January 1975 as part of his USAR enlistment processing, found the applicant medically qualified for enlistment with a physical profile of 1-1-1-1-1-1.  On the applicant’s portion of that enlistment physical examination he noted that he was “in good health.”

On 7 March 1977 he was honorably discharged from the USAR.

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.

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.  Furthermore, unlike the Army the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.

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's separation physical indicated that he suffered from headaches his continued performance of duty, until his separation from active duty in March 1970, 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.  Therefore, there is no basis for physical disability retirement or separation.

3.  A rating action by the VA does not necessarily demonstrate any error or injustice by the Army.  The VA, operating under its own policies and regulations, assigns disability ratings as it sees fit.  Any rating action by the VA does not compel the Army to modify its reason or authority for separation.

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 that 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

____rjw_  ___js___  ___ra___  DENY APPLICATION

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

INDEX

CASE ID	AR2000035669	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000711	
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.