MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           10 April 2001                  
	DOCKET NUMBER:   AR2001052080

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Sherri V. Ward		Chairperson	
	Mr. George D. Paxson		Member	
	Mr. James E. Anderholm		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 her records be corrected to show she was discharged for medical reasons.

APPLICANT STATES: That the Department of Veterans Affairs rated her 30 percent disabled effective 5 August 1993, based on asthma, right knee and bilateral eye condition and she should have been released from active duty with a medical discharge.

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

On 5 July 1989, she enlisted in the Army Reserve Delayed Enlistment Program.

On 22 August 1989, she enlisted in the Regular Army.

On 26 February 1990, she fractured her left ankle.  She was treated and released to duty.

On 22 March 1993, she was barred from reenlistment based on her repeated failures to pass the Armed Forces Physical Fitness Test.

On 21 June 1993, she voluntarily requested separation under Army Regulation 635-200, paragraph 16-5, based on her perceived inability to overcome the bar.

On 28 July 1993, the appropriate separation authority approved her request.

On 4 August 1993, she was honorably separated under the above listed regulation, by reason of her request for voluntary discharge based on her perceived inability to overcome the locally imposed bar to reenlistment.  Her separation document indicates she had 3 years, 11 months and 12 days of creditable service. 

Army Regulation 635-200 (Personnel Separations – Enlisted Personnel), paragraph 16-5 indicates, in pertinent part, that soldiers who perceive that they will be unable to overcome a locally imposed bar to reenlistment may request immediate separation.

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 the said medical condition reduces or impairs the social or industrial adaptability of the individuals 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.

Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years of service and a disability rated 30 percent disabling.

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 is not entitled to correction of her records to show she was discharged for medical reasons.

2.  Her records clearly show she voluntarily requested discharge based on her perceived inability to overcome the bar to reenlistment, not based on a physical disability.

3.  There is nothing in the applicant’s records, which would show she was unable to perform her duties because of a medical condition.

4.  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 their 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 their duties and assign an appropriate disability rating before they can be medically retired or separated.

5.  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.

6.  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

__jea___  _svw____  __gdp___   DENY APPLICATION

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

INDEX

CASE ID	AR2001052080	
SUFFIX		
RECON		
DATE BOARDED	20010410	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108	
2.		
3.		
4.		
5.		
6.