MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           10 October 2001                    
	DOCKET NUMBER:   AR2001057413

	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:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. Charles Gainor 		Member	
	Mr. Joe R. Schroeder 		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, that he be medically retired with pay and benefits, in lieu of being discharged by reason of physical disability with severance pay.

APPLICANT STATES:  In effect, that he should be compensated for the mistake the Army made by retiring him without pay.  He contends that he is entitled to 
18 years of back severance pay since his life was ruined by another soldier.  He states that he was injured during a training exercise when another soldier threw a grenade and knocked him down.  He also contends that his separation with severance pay (10%) was wrong because no one explained to him about the injury or disability proceedings.  In support of his application, he submits three letters of explanation, two undated and one dated 29 July 2001.      

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

The applicant entered active duty on 27 March 1979 and trained as a cannon crewman.

The applicant’s medical records contain a Clinical Record, dated 13 September 1979, which shows the applicant reported to medical authorities that he sustained an injury to his right hip five months earlier when he landed prone after throwing a grenade.  A Narrative Summary, dated 24 February 1983, shows the applicant injured his right hip during basic combat training in 1979 while throwing a grenade and falling onto the hip.

On 24 February 1983 a Medical Evaluation Board (MEB) found the applicant medically unfit due to trochanter bursitis, right hip.  The findings and recommendations of the Board were approved on 2 March 1983.  The MEB recommended referral to a Physical Evaluation Board (PEB).  

On 7 March 1983 a PEB found the applicant physically unfit due to trochanter bursitis, right hip, mild, with satisfactory evidence of painful motion, VA Schedule for Rating Disabilities (VASRD) Code 5019-5003.  The PEB recommended a rating of 10% and that the applicant be separated from the service with severance pay.  On 21 March 1983 the applicant did not concur with the findings and recommendations and demanded a formal hearing.

On 14 April 1983 the applicant elected to accept the results of the PEB and withdrew his request for a formal PEB.

On 19 April 1983 the U.S. Army Physical Disability Agency approved the recommended findings of the PEB.

Accordingly, the applicant was honorably discharged on 17 May 1983 under the provisions of Army Regulation 635-40, paragraph 4-24e(3), for physical disability with severance pay (10%) with entitlement to $6,837.60.  He had served 4 years, 1 month and 21 days of total active service.

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

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 Board considered the applicant’s contention that he was injured during a training exercise when another soldier threw a grenade which knocked him down.  The Board also considered the applicant’s contention that his life was ruined by this soldier.  However, medical evidence of record shows the applicant reported to medical authorities that he injured his right hip during basic combat training in 1979 while throwing a grenade and falling onto the hip.  

2.  The Board considered the applicant’s contention that his separation with severance pay (10%) was wrong because no one explained to him about the injury or disability proceedings.  However, item 13 (Election of Member) on the applicant’s DA Form 199 (Physical Evaluation Board Proceedings), dated 
7 March 1983, states “I have been advised of the findings and recommendations of the Physical Evaluation Board as indicated on the obverse, and have received a full explanation of the results of the findings and recommendations and my legal rights pertaining thereto”.  This section was acknowledged, executed and authenticated by the applicant on 21 March 1983.   

3.  The Board noted the applicant’s contention that he should have been medically retired instead of discharged by reason of physical disability with severance pay.  However, he has provided no evidence to show that his
10 percent disability rating was unjust or in error.   

4.  The applicant’s disability was properly rated in accordance with the VASRD.  His separation with severance pay was in compliance with law and regulation.

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

LLS____  CG______  JRS_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001057413	
SUFFIX		
RECON		
DATE BOARDED	20011010	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19830517	
DISCHARGE AUTHORITY	Army Regulation 635-40	
DISCHARGE REASON	Physical disability with severance pay (10%)	
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.0000	
2.		
3.		
4.		
5.		
6.