MEMORANDUM OF CONSIDERATION

IN THE CASE OF:       

BOARD DATE:           8 March 2000
DOCKET NUMBER:   AR1999029363

	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. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Elzey J. Arledge		Member	
	Mr. Ernest W. Lutz, Jr.		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: Reconsideration of his application to correct his records by showing that his VA service connected conditions were incurred as a direct result of armed conflict or instrumentality of war and that he be awarded physical disability retirement.

APPLICANT STATES:  In effect, that the increased rating of his VA service connected conditions shows that he should be retired indefinitely because of his medical conditions and granted physical disability retirement.

NEW EVIDENCE OR INFORMATION:  Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 28 January 1999 (COPY ATTACHED).

The applicant submits a copy of an Army Echoes Bulletin noting the article on the need for retirees to keep their mobilization data current, especially that dealing with their medical condition.  He also submits a copy on his February 1999 VA rating decision that granted him increases in his service connected skin condition, hypertension and spondyloysis from a 30% to a 60% combined evaluation.  These documents were not available to the Board previously and constitute new evidence that requires Board review.

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 voluntarily retired based upon longevity in 1979.  The fact that all retirees are subject to recall, if qualified, has no bearing on the reason for the applicant’s retirement.  The bulletin article on the need to maintain accurate health information for retiree’s who are potentially subject to recall is not relevant to why this applicant was retired nor to the causality of his medical conditions.

2.  The evidence submitted by the applicant does not document a relationship between his period of combat service and the development of any condition for which he is now receiving VA benefits.

3.  The fact that the applicant’s VA rated conditions have worsened, twenty years after his discharge, does not show that these conditions caused him to be unfitting for service at the time of his voluntary retirement in 1979.

4.  The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.

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__  ___EJA__  ___EWL_  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029363	
SUFFIX		
RECON	 	
DATE BOARDED	20000308 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.	108.02	
3.	108.07	
4.		
5.		
6.