MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:             29 March 2000                  
	DOCKET NUMBER:    AR1999030407

	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. Edmund P. Mercanti		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:  That his medical discharge be corrected to a medical retirement.

APPLICANT STATES:  He had over 15 years of active service and had sufficient time left on his enlistment to qualify for a 20-year retirement if it had not been for his service connected disability.  Subsequent to his discharge he discovered that he had a right to a medical retirement and now wants that retirement.

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

He enlisted in the Regular Army on 17 July 1978 with 3 years, 1 month and 24 days of prior active service.  He served continuously and was promoted to pay grade E-7.

On 6 March 1991 a physical Evaluation Board (PEB) convened and determined that the applicant was physically unfit to perform his duties due to patellar femoral arthritis.  The PEB went on to explain that the applicant had increasing pain in his knees in the preceding 5 ½ years.  The PEB recommended that the applicant be discharged due to physical unfitness, rated 20 percent disabled, with severance pay.  The applicant waived a formal hearing and concurred with those findings and recommendation.

Accordingly, on 25 March 1991 the applicant was honorably discharged due to physical unfitness, with $43,689.60 in severance pay.

Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.

Title 10, United States Code, section 1203, provides for the physical disability separation with severance pay of a member who has less than 20 years service and a disability rated at less than 30 percent.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  Contrary to the applicant’s contention, he was not entitled to a medical retirement with a 20 percent disability rating.

2.  It is noted that the applicant concurred with the finding that he was 20 percent disabled and with the recommendation that he be discharged with severance pay.  While it is understandable that he now wants to change the findings and recommendation of his PEB, the time to challenge that finding and recommendation was when he was offered the opportunity to do so, not now.
3.  The fact that the applicant would have qualified for retirement if he had completed his enlistment is not material to the case.  He could not complete his enlistment due to his physical disability and was compensated as provided for by law for the loss of his military career.

4.  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	AR1999030407	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000329	
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.	108.05	
2.		
3.		
4.		
5.		
6.