MEMORANDUM OF CONSIDERATION

IN THE CASE OF:  

BOARD DATE:           29 March 2000 
DOCKET NUMBER:   AR1999029709

	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. Robert G. Hinkle		Chairperson	
	Mr. Mark D. Manning		Member	
	Mr. James P. Steuve		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 awarding him a 100 % disability evaluation.

APPLICANT STATES:  In effect, that he feels that the Board’s prior decision is unjust.  He contends that his cancer was a result of exposure to Agent Orange and as such should be included in his total disability evaluation.

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 19 August 1998 (COPY ATTACHED).

The applicant submits a copy of the report of exposure to Agent Orange and a letter from his physician reporting surgical intervention for sarcoma, which he attributes to the applicant’s Agent Orange.  

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 Board does not dispute that there is a correlation between Agent Orange exposure and the development of some cancers later in life.  However, in order to be considered a part of physical disability retirement determination such a condition would have had to been manifest at the time of the applicant’s retirement evaluation.  Further, it would have had to been of such a level as to have resulted in a finding that it was physically unfitting and effected the applicant’s performance of duty.

2.  The applicant’s sarcoma did not manifest itself until over 20 years after he was medically retired for other conditions.

3.  Furthermore, the VA has sole responsibility for Agent Orange related diseases and benefits arising from those conditions.

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

__rgh___  ___mdm__  __jps ___  DENY APPLICATION

	Karl F. Schneider
	Director, Army Review Boards Agency

INDEX

CASE ID	AR1999029709	
SUFFIX		
RECON	 	
DATE BOARDED	20000329 	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.02	
2.	108.01	
3.		
4.		
5.		
6.