MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           29 November 2001                   
	DOCKET NUMBER:   AR2001061187

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. William D. Powers		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 a medical discharge.

APPLICANT STATES:  That he was in the hospital during 1994 with an aneurysm.  He was not able to fulfill the remainder of his enlistment contract.  He provides his honorable discharge certificate and his discharge orders as supporting evidence.

COUNSEL CONTENDS:  Counsel makes no additional contention.

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

He initially enlisted in the Regular Army on 22 June 1965.  He served in Vietnam and was awarded the Purple Heart.  He was honorably discharged on 21 June 1971.  He enlisted in the Army National Guard on 22 January 1987.  He was discharged on 29 October 1989 and enlisted in the U. S. Army Reserve on        30 October 1989 for 5 years.  He served on active duty from October 1991 to September 1992.  Effective 1 October 1993, he was assigned to the 425th Civil Affairs Battalion, Santa Barbara, CA.  

A letter dated 7 March 1994 from a member of the 425th Civil Affairs Battalion to the applicant’s spouse indicates that the applicant was hospitalized for a cerebral aneurysm.

On 29 October 1994, the applicant was honorably discharged upon expiration of his term of service.  

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.  Chapter 8 outlines the rules for processing soldiers of the Reserve components through the disability system.  It provides that Reserve component soldiers who are eligible for processing under the provisions of chapter 8 are those who incur a disability from an injury determined to be the proximate result of performing annual training, active duty special work, active duty for training, a temporary tour of active duty to include full time training duty, or inactive duty training.  Once referred to the disability processing system, a determination must be made whether the disability was the proximate result of performing duty.

The mission of the Veterans Benefits Administration is to provide benefits and services to veterans and their families in a responsive, timely and compassionate manner in recognition of their service to the nation.  Title 38, U. S. Code, sections 310 and 331, permits the Department of Veterans Affairs (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.

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.  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.

2.  The Board regrets that the applicant’s cerebral aneurysm may have been the result of an earlier head wound received in Vietnam.  However, he provides no evidence to show that the aneurysm was the proximate result of performing annual training, active duty special work, active duty for training, a temporary tour of active duty to include full time training duty, or inactive duty training.  Unless the aneurysm occurred while performing one of these duties, he was not eligible for processing through the physical disability system.  It appears that the VA is the proper channel for the applicant to obtain medical services/compensation.

3.  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

__rvo___  __jpi___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061187	
SUFFIX		
RECON		
DATE BOARDED	20011129	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.