MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           8 February 2001                  
	DOCKET NUMBER:   AR2000047806

	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. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Langston 		Chairperson	
	Mr. George D. Paxson 		Member	
	Mr. Donald P. Hupman 		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 his honorable discharge be changed to medical retirement.  

APPLICANT STATES:  That he had asked for a medical evaluation board while on active duty after his accident; however, his unit would not allow this.  He contends that the VA has awarded him 40% service connected disability.  In support of his application, he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

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

The applicant enlisted on 27 February 1992 for a period of 4 years.  He reenlisted on two occasions and served throughout his service as an automated logistic specialist.  On 15 July 1998 the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 14, for misconduct.  

Medical evidence of record shows that the applicant was evaluated at his commander’s request in the Psychiatric Clinic of Madigan Army Medical Center, in Tacoma, Washington, on 27 April 1998.  The psychiatrist determined that the applicant was psychiatrically cleared for any administrative action deemed appropriate by the command.

Standard Form 519-B (Radiologic Examination Report), dated 2 June 1998, shows the applicant was taken to the emergency room at Madigan Army Medical Center for a lower back injury on parachute landing.  A Lumbar Spine Series was performed on the applicant and failed to demonstrate any evidence of fracture of dislocation.  

Prior to the applicant’s discharge, he underwent a medical separation examination on 26 June 1998 and was found qualified for separation with a physical profile of 11111(T)3.  

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while entitled to basic pay.

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. 

Army Regulation 40-501 (Standards of Medical Fitness), chapter 3, provides the standards for medical fitness for retention and separation, including retirement.

Army Regulation 40-501, chapter 7, physical profiling, provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted.  Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric.  Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.  Numerical designators "2" and "3" indicate that an individual has a medical condition or physical defect which requires certain restrictions in assignment within which the individual is physically capable of performing military duty.  The individual should receive assignments commensurate with his or her functional capacity.

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 applicant was on active duty from 27 February 1992 to 15 July 1998.  Service medical records do not indicate any medical condition incurred while entitled to receive basic pay which was so severe as to render the applicant medically unfit for retention on active duty.  At the time of separation, a physical examination, Mental Status Evaluation and Lumbar Spine Series was conducted and competent medical authorities determined that he was then medically fit for retention or appropriate separation with a physical profile of 11111(T)3.  Accordingly, the applicant was separated from active duty for reasons other than physical disability.

2.  Since the applicant’s medical condition was not medically unfitting for retention at the time in accordance with Army Regulation 40-501, there was no basis for medical retirement or separation.

3.  An award of a VA rating does not establish entitlement to medical retirement or separation from the Army.  Operating under its own policies and regulations, the VA, which has neither the authority nor the responsibility for determining medical unfitness for military duty, awards ratings because a medical condition is related to service (“service-connected”) and affects the individual’s civilian employability.  Furthermore, the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency’s examinations and findings.  The Army must find that a service member is physically unfit to reasonably perform his or her duties and assign an appropriate disability rating before he or she can be medically retired or separated.

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 this 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

JHL_____  GDP____  DPH____  DENY APPLICATION

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

INDEX

CASE ID	AR2000047806	
SUFFIX		
RECON		
DATE BOARDED	20010208	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19980715	
DISCHARGE AUTHORITY	AR 635-200  Chapter 14	
DISCHARGE REASON	Misconduct	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.0000	
2.		
3.		
4.		
5.		
6.