MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            13 April 2000                  
	DOCKET NUMBER:    AR1999032555

	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. Fred N. Eichorn		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Ms. Sherri V. Ward		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 discharge for physical unfitness, rated 20 percent disabled, be corrected to a medical retirement, rated at least 60 percent disabled.

APPLICANT STATES:  That he was misdiagnosed as having degenerative joint disease.  He was actually HIV positive.  He points out that several of his current symptoms were also symptoms he had when he was medically boarded in the Army.  He now wants to be rated for HIV instead of degenerative joint disease.  

In support of his application he submits evidence that he is HIV positive.

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

He enlisted in the Regular Army on 28 September 1979 with 3 years, 8 months and 22 days of prior active service.  He had been awarded the military occupational specialties of radio operation and unit supply specialist.

On 1 July 1986 the applicant was treated for neck and back pain.  At that time the applicant reported that he injured his back and neck when he lifted an electrical generator.

On 26 October 1986 a medical board was dictated.  In the MEB’s write up it was stated the applicant was initially treated for nerve root radiculopathy of the discs in his back, treatment which resulted in positive results.  After his back problem had appeared to stabilize he started experiencing back pain again.  At that point x-rays were taken which showed early degenerative joint disease changes of his lower cervical spine, especially his C5-6 and C6-7 discs.

The applicant was then considered by a Physical Evaluation Board (PEB) which determined that he was physically unfit due to degenerative joint disease with left para-verebral muscle spasm.  The PEB recommended that the applicant be discharged due to physical unfitness, rated 20 percent disabled.  The applicant concurred with those findings and recommendation.

Accordingly, on 25 February 1987 the applicant was honorably discharged due to physical unfitness, with $26,367.00 in severance pay.

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.  The applicant’s back problems began with him injuring his back by lifting heavy equipment.  He was later diagnosed as having degenerative joint disease due to x-ray evidence that he had that condition.  Nothing in that scenario, and nothing submitted by the applicant, would indicate an error was made in his diagnosis.

2.  In addition, the applicant has not submitted any evidence which would show that he may have contracted HIV while on active duty, such as a blood transfusion or a wound by a used needle at a hospital.

3.  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

_fne_____  __cla____  __svw __  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032555	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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.