MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:             25 October 2001                
	DOCKET NUMBER:    AR2001058989

	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:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Ronald E. Blakely		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 he be medically retired.

APPLICANT STATES: That the basis for this request is that the Department of Veterans Affairs (VA) awarded him a 30 percent disability rating for asthma based on their physician rewriting a prescription for Azmacort.  He provided medical documentation showing six occasions between 1996 and 1999 where he complained of and was treated for asthma.

COUNSEL CONTENDS: That the Former Service Member requests a medical retirement based on award of a 30 percent disability rating by the VA, which has not been submitted for review.  Due to all records not being submitted for review, an adequate argument cannot be provided.  Careful and sympathetic consideration is requested in rendering a fair and impartial decision.

EVIDENCE OF RECORD: The applicant's available military and medical records show:

On 29 September 1989, he enlisted in the Army Reserve Delayed Enlistment Program.

On 31 January 1990, he enlisted in the Regular Army for 4 years.

During the period 7 November 1996 and 29 June 1999, he complained of and was treated for asthma on six occasions.  He was directed to remove cats from his home and stop smoking on a trial basis.  There is indication that he removed the cats from the bedroom, however, the records indicate he did not stop smoking.  

On 5 December 1997, he declined to extend or reenlist for an overseas assignment and his records were flagged to prevent him from receiving any favorable personnel actions, precluding his reenlistment.

On 28 February 1999, he was honorably discharged under Army Regulation 635-200, chapter 4, based on the expiration of his term of service.  His separation document indicates he had 9 years and 1 month of creditable service.  He was not found medically unfit.

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.

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 did not have any medically unfitting disability, which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

2.  The medical evidence of record indicates that the applicant was medically fit for retention at the time of his separation.  Neither the applicant nor counsel has submitted any probative medical evidence to the contrary.

3.  The fact that the VA, in its discretion, has awarded the applicant a disability rating is a prerogative exercised within the policies of that agency.  It does not, in itself, establish physical unfitness for Department of the Army purposes.

4.  In the absence of medical evidence to the contrary, it is presumed that the available service records are correct as presently constituted.

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

_kan____  _reb____  _reb____   DENY APPLICATION

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

INDEX

CASE ID	AR2001058989	
SUFFIX		
RECON		
DATE BOARDED	20011025	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.