MEMORANDUM OF CONSIDERATION

	IN THE CASE OF        

	BOARD DATE:            23 March 2000
	DOCKET NUMBER:   AR1999030580

	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.

	Ms. Deyon D. Battle		Analyst	

The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. Roger Able		Member	
	Mr. James E. Anderholm		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 retirement.

APPLICANT STATES:  That after he was discharged from the Army on 6 November 1973, he filed a claim with the VA and he was granted 100 percent service connection for his disability.

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

On 29 June 1970, the applicant underwent a medical examination and he was found to be medically qualified for induction in the Army.

He was inducted in the Army on 14 September 1970 and he successfully completed his training as a cook.

On 8 March 1972, the applicant underwent a medical examination and he was found to be qualified medically for separation.  At the time of his separation examination he indicated that he was in good health to the best of his knowledge.

On 20 March 1972, he was released from active duty under the provisions of Army Regulation 635-200, chapter 5 under the Phasedown Release Program.  He was transferred to the USAR Control Group (Standby) to complete his USAR obligation.  He had completed 1 year, 6 months and 7 days of total active service and he was furnished an Honorable Discharge Certificate.

There is no evidence of record that shows that the applicant was not medically fit for retention in the Army at the time of his release from active duty.  Further review of the records fails to show that the applicant was granted a 100 percent service connection disability rating by the VA.

Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.

Army Regulation 635-40, paragraph 2-2b, as amended, provides that when a member is being separated by reason other than physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  He has submitted neither probative evidence nor a convincing argument in support of the request.  Notwithstanding his claim of disability, the Department is not bound by subsequent awards of disability compensation by the VA nor is it bound by its guidelines which differ from that if the Department.

3.  The evidence of record clearly shows that the applicant underwent a medical examination at the time of his release from active duty and he was found to be medically qualified for separation.  There is no evidence of record to support his contention that he should have been medically retired at the time of his separation from the Army.

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 the aforementioned 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

___slp___  ___ja____  ___ra___  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999030580	
SUFFIX		
RECON		
DATE BOARDED	2000/03/23	
TYPE OF DISCHARGE	HD 	
DATE OF DISCHARGE	1972/03/20	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	455	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  177	108.0000	
2.  178	108.0100	
3.		
4.		
5.		
6.