MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           12 September 2000                  
	DOCKET NUMBER:   AR2000041918

	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	
	Mr. W. W. Osborn, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Fred Eichorn		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:  Reconsideration of his earlier appeal to correct his records by increasing his disability rating. 

APPLICANT STATES:  In effect, that he was permanently injured in a motor vehicle accident (MVA) that occurred in the line of duty between the time of his physical evaluation board (PEB) and his separation with severance pay.  He submits civilian medical records to substantiate his case and claims that he submitted the documents with his original application.
  
NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's previous consideration of the case on 16 December 1999 (COPY ATTACHED).

The applicant’s submissions are new evidence that requires Board consideration.

The civilian medical records indicate that he was treated at Duke University Hospital following an MVA on 6 April 1998.  He sustained a fracture of the right scapula, a compression fracture of the L1 vertebra, face and scalp wounds, and various minor wounds.  The latest, 1 October 1998, medical record submitted shows that he was transferred from Duke to Womack Army Medical Center on 7 April 1998.  He was estimated to have a 5 percent permanent disability of the right arm and a 15 percent disability of the spine.     

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 medical records are noted but there is no indication that these conditions did or would have precluded the applicant from performing duty.  The mere existence of a medical condition is not the basis for a finding of unfitness.  There must be evidence that the condition adversely impacts on the ability of the individual to perform the duties of his office, grade, rank or rating.

2.  There is no available line-of-duty duty determination.  

3.  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.

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_  __FE ___  _CJS____  DENY APPLICATION

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

INDEX

CASE ID	AR2000041918	
SUFFIX		
RECON		
DATE BOARDED	20000912	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.04	
2.		
3.		
4.		
5.		
6.