PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           23 March 2000                   
	DOCKET NUMBER:   AR1999031203

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

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

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his disability rating be increased.

3.  The applicant states that he lost the 1990 U. S. Army Physical Disability Agency (USAPDA) letter informing him his disability rating could be increased and did not find it until around August 1999.

4.  The applicant’s military records show that he enlisted in the Regular Army on 22 June 1979.  

5.  On 16 November 1983, the applicant was placed on the temporary disability retired list (TDRL) for having an impairment of his auditory acuity with a disability rating of 40 percent.  He was permanently retired in May 1990 with a 40 percent disability rating.

6.  On 13 June 1990, the USAPDA informed the applicant that his case was selected for quality control review and an error was noted.  Based upon the medical information in his files, his combined disability rating could increase.  He was advised to apply to the Board for correction of his records.  He lost this letter during a move, found it around August 1999 and applied to the Board on             9 September 1999.

7.  In the processing of this case, an advisory opinion was obtained from the medical advisor to the Army Review Boards Agency.  The advisor reviewed the applicant’s medical records, in particular his audiogram dated 23 February 1990, and determined that in accordance with Table VI of the VA Schedule for Rating Disabilities, section 4.85-2, he is entitled to a disability percentage of 50 percent.

8.  A copy of the advisory opinion was provided to the applicant for comment.  He did not respond within the given time frame.

CONCLUSIONS:

1.  The Board concludes that a Government error occurred in this case.  The results of the applicant’s final audiogram would have entitled him to a disability rating of 50 percent instead of the 40 percent actually given to him.  He was advised in 1990 to apply to the Board for correction of his records.  He applied in September 1999.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the applicant was retired by reason of a physical disability with a 50 percent disability rating and that he be paid all retired pay due him as a result of this correction.

BOARD VOTE:  

__slp___  __ra____  __jea___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Shirley L. Powell
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999031203	
SUFFIX		
RECON		
DATE BOARDED	20000323	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	108.02	
2.		
3.		
4.		
5.		
6.