MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           25 JULY 2002                   
	DOCKET NUMBER:   AR2001065968

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		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, disability retirement or separation.

APPLICANT STATES:  That he was diagnosed with Sarcoidosis of the lungs, and when he became too ill to perform his duties he was offered a discharge from active duty with no pay, or a discharge from both the active/reserve program, with no retirement and no promotion.  Because he had 19 years and 
6 months of combined time, he chose the option to be sent to the Army Reserve Personnel Center (ARPERCEN) to pick-up his last promotion before his Reserve retirement.  He now feels that his decision was wrong, that he had almost seven years of active duty and should have received a medical discharge or medical retirement.  In support of his request the applicant submits copies of his Department of Veterans Affairs disability rating decisions, a pamphlet concerning Sarcoidosis, and an article on lung disease.    

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

The applicant was appointed as a Reserve Warrant Officer on 1 December 1975, and was ordered to active duty on 18 April 1983.

On 15 November 1987, upon his request, the applicant was voluntarily released from active duty to accept a position in the Active Guard/Reserve (AGR) Program.  

On 6 December 1987, the applicant was ordered to active duty for a period of 
3 years in an AGR status.  

On 10 April 1989, he submitted a DA Form 4187 (Personnel Action Request) requesting an early release from the AGR Program and transfer to the Individual Ready Reserve (IRR) because of hardship/medical reasons.  He states that his medical conditions include, Stage II Sarcoidosis, pulmonary fibrosis, Histoplasmosis, chronic Bronchitis, and cardio and pulmonary Hypertension.  He also requested severance pay, and to be allowed to remain either in the IRR or a TPU in order to complete his 20 years for retirement purposes.  

On 30 June 1989, the applicant was voluntarily released from his active duty position with the AGR Program and transferred to the USAR Control Group (Reinforcement).  

The applicant served in the Arizona National Guard from 23 February 1990 until 9 July 1991. 

On 18 November 1994, subsequent to his separation, the Department of Veterans Affairs granted him a service connected disability rating for Sarcoidosis, residuals of subluxation, right patella, and chronic lumbosacral strain. 

Army Regulation 635-40 states that disability compensation is not an entitlement 
acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated during military service.

Additionally, Army Regulation 635-40 also states, in effect, that Reserve Component soldiers may be separated when they no longer meet medical retention standards.  Such separations will be without benefits if the unfitting condition results from an injury which is due to the intentional misconduct or willful neglect of the individual, if the disability was incurred during a period of unauthorized absence, or if the disability was not incurred or aggravated as the proximate result of performing annual training, active duty special work, active duty for training, or inactive duty training.

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.  Furthermore, unlike the Army the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.

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 evidence of record indicates he did not have any medically unfitting disability which required physical disability processing; nor any evidence his military career was interrupted as a result of his medical condition.  The applicant’s decision to separate from the AGR Program was voluntary and his current belief that he made a wrong decision does not now serve as a basis to justify disability separation or retirement.

2.  Although the applicant may have been treated for medical conditions which served as the basis for his voluntary request for release from the AGR Program, there is no evidence that a medical review board was recommended.

3.  A rating action by the VA does not necessarily demonstrate any error or injustice by the Army.  The VA, operating under its own policies and regulations, assigns disability ratings as it sees fit.  Any rating action by the VA does not compel the Army to modify its reason or authority for separation.

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 that 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

__RVO__  __RTD __  __KWL__  DENY APPLICATION

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

INDEX

CASE ID	AR2001065968	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020725	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.