MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           26 September 2000                  
DOCKET NUMBER:   AR2000037339

	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. P. A. Castle		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Thomas F. Baxter		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 request to correct his records by showing that he was separated due to physical disability.

APPLICANT STATES:  That his separation examination administered at the time of discharge was not a complete evaluation and that his indication on the separation examination that he was in “good health” was extremely unwise.  He states he was far from being healthy physically or emotionally.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in memoranda of consideration (MOC) prepared to reflect the Board's previous considerations of his case on                           25 September 1991 and 19 May 1993.  (COPIES ATTACHED)

The applicant’s submission of the decision of the VA to increase the evaluation of right hip socket and pelvis fractures to 30 percent dated 26 November 1999 constitutes new evidence. 

The applicant also resubmitted the decision of the VA to increase the evaluation of compression fractures to 30 percent dated 26 February 1998 and two civilian clinic evaluations.

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 law and regulations cited in the Board’s prior considerations of the applicant’s case make it clear that to be separated for physical disability a soldier must be physically unable to perform duty and that the presence of a medical condition that was acquired or aggravated while entitled to basic pay does not necessarily require a medical evaluation board or qualify an individual for physical disability. 

2.  The applicant’s statement on his separation examination “good health” would not prevent the Board from correcting a military record, with evidence of an injustice or error 

3.  The applicant was performing duty at the time of his separation.  Absent evidence that his condition deteriorated to the point where he could not perform duty there is no justification for the requested relief.

4.  Considering the entirety of the case including the Board’s previous considerations there is insufficient justification to reverse the previous decision.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__AAO__  __MHM__  __TFB_ _  DENY APPLICATION

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

INDEX

CASE ID	AC
AR2000037339	
SUFFIX		
RECON		
DATE BOARDED	20000926	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION		
REVIEW AUTHORITY		
ISSUES        1.	110.00 	
2.	A31.00	
3.		
4.		
5.		
6.