MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            22 March 2000
	DOCKET NUMBER:   AR1999031355

	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:

	Mr. James M. Alward		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Arthur A. Omartian		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, that his Narrative Reason for Separation be changed to show that he was discharged by reason of physical disability instead of showing that he was discharged by reason of unsatisfactory performance, as currently reflected.

APPLICANT STATES:  That 6 months after his discharge he was awarded 30 percent service connected disability by the Department of Veteran Affairs (VA) because he could not pass his Army Physical Fitness Test.  He further states that he was never asked if there was anything physically wrong with him.  In support of his appeal he submits a copy of his VA rating decision which shows that he was granted a 30 percent disability rating for his service connected disabilities.

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

On 27 February 1995, the applicant underwent a medical examination and he was found to be medically qualified for enlistment in the Army.

On 29 August 1995, he enlisted in the Army for 3 years in the pay grade of E-2.  He successfully completed his training as an M1 armor crewman.

The facts and circumstances pertaining to the applicant's discharge are not on file.  The Certificate of Release or Discharge, DD Form 214, indicates that the applicant was discharged on 23 April 1997, under the provisions of Army Regulation 635-200, chapter 13 for unsatisfactory performance, and he was issued a General Discharge Certificate.

The VA Rating Decision dated 25 October 1997, provided by the applicant, shows that he was awarded a 10 percent service connected disability rating for tinnitus, a 10 percent service connected disability rating for stress reaction of the right iliac crest (hip) and a 10 percent service connected disability rating for stress reactions of the feet.

Title 38, United States Code, section 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  Consequently, due to the two 

concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 contains the policy and outlines the procedures for separating individuals for unsatisfactory performance, and provides, in pertinent part, that commanders will separate a member under this chapter when, in the commander's judgment, the member will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier. 

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 has submitted neither probative evidence nor a convincing argument in support of the request for a change in his Narrative Reason for Separation.

2.  The fact that the VA, its discretion, has awarded the applicant a disability rating is a prerogative exercised with the policies of that agency.  It does not, in itself, establish physical unfitness for Department of the Army purposes.

3.  Although the facts and circumstances surrounding the applicant’s discharge are not available, the evidence of record clearly shows that he was discharged under honorable conditions under the provisions of Army 635-200, chapter 13 for unsatisfactory performance.  In the absence of evidence to the contrary, it must be presumed that what the Army did in his case was correct.

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

__ja____  ___tsk___  __ao____  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999031355	
SUFFIX		
RECON		
DATE BOARDED	2000/03/22	
TYPE OF DISCHARGE	GD	
DATE OF DISCHARGE	1997/04/23	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	572	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  272	124.0300	
2.		
3.		
4.		
5.		
6.