MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 June 2000
	DOCKET NUMBER:   AR1999030984

	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
Mr. David H. Keller		Director
Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. Walter T. Morrison		Member	
	Mr. Curtis L. Greenway		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, physical disability separation or retirement.

APPLICANT STATES:  That while serving in the European Theater of Operations (ETO) during World War II, he was changing a tank track when he was rendered unconscious by an explosion.  Upon regaining consciousness, his back was very painful, but he was told to continue on or he would die.  When he was eventually able to seek medical attention, he was told that he had a back injury, but his back was not X-rayed to determine the extent of his injury.  His back never did recover completely from that injury and he has suffered all these years with back pain.  The VA hospital in Muskogee, Oklahoma continues to give him pain pills, but they also continue to remind him that he has no service-connected injury.

In support of his request, the applicant submits a copy of his discharge document, his induction physical examination, and his separation physical examination.

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

He was inducted into the Army of the United States and entered active duty on 31 August 1944.  He served in the ETO from 4 April 1945 to 25 July 1945, participating in two campaigns.

A report of physical examination conducted at Fort Sam Houston, Texas, shortly before his discharge indicated that the applicant had suffered a “Back sprain, negative examination.  LD [line of duty]-Yes  No disability.”  The “Statement and Medical History of Examinee” which the applicant furnished for the examination indicates that he suffered a back injury at Camp Campbell, Kentucky, in April 1945 which required no hospitalization.

The applicant was discharged on 28 June 1946 as a result of demobilization.  His WD AGO Form 53-55, Enlisted Record and Report of Separation, which he authenticated as correct with his signature and thumbprint, shows no wounds received in action (item 34).

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade or rating because of disability incurred while entitled to basic pay.

Title 38, United States Code, sections 310 and 331, permits the VA to provide treatment and to award compensation for disabilities which were incurred in or aggravated by active military service.

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 was provided a complete separation physical examination prior to discharge and was found to be medically qualified for separation.  At that time, he did not have any medically unfitting disability by Army standards which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

2.  The applicant’s military service was not interrupted by physical disability.  Notwithstanding the presence, or possible presence, of various medical conditions, there is no evidence of record, nor has the applicant provided sufficient evidence, which would indicate that he suffered from any medical condition of such severity that he was rendered unable to reasonably perform the duties of his office, rank, grade or rating.

3.  The fact that the VA, in its discretion, has or has not awarded the applicant a disability rating is a prerogative exercised within the policies of that agency.  Operating under different law and its own policies and regulations, the VA, which has neither the authority nor the responsibility for determining medical unfitness for military service, awards ratings because a medical condition is related to service (service-connected) and affects the individual’s civilian employability.

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

__mdm__  __wtm__  __clg_____  DENY APPLICATION

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

INDEX

CASE ID	AR1999030984	
SUFFIX		
RECON		
DATE BOARDED	20000627	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	145.00	
2.		
3.		
4.		
5.		
6.