MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            13 April 2000     
	DOCKET NUMBER:   AR1999032763

	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. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Fred Eichorn		Chairperson	
	Ms. Celia L. Adoplhi		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:  In effect, disability retirement.

APPLICANT STATES:  That “the Army removed half of [his] right lung while on active duty” and as such he feels he should be permanently retired.  He states his spouse’s National Guard unit informed him that he was entitled to receive more benefits.  In support of his request he submits copies of his Army disability processing documents.

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

He was a member of the USAR when he entered active duty on 30 October 1979.  In 1981 the applicant was medically evacuated from Nuremberg, Germany to Fort Sam Houston, Texas for evaluation and medical boarding for “interstitial lung disease.”  His Medical Evaluation Board (MEB) conducted in March 1981 notes that the applicant “was in his usual state of health until October 1980, when he experienced the first of three spontaneous right-sided pneumothoraces while stationed in Germany.” 

The MEB indicated that the applicant “underwent right thoracotmy in January 1981 and grossly, at the time of surgery, the right upper lobe was found to contain multiple bullae with thick fibrotic walls.”  Following surgery the applicant had “nor recurrent pneumothoraces.”

The MEB concluded that the applicant suffered from idiopathic pulmonary fibrosis (chronic inflammation and progressive fibrosis of the pulmonary alveolar walls) and recurrent pneumothorax (an accumulation of air or gas in the pleural space which may occur spontaneously or as a result of trauma or a pathological process), right lung, treated and resolved and recommended referral to a Physical Evaluation Board (PEB).

An informal PEB convened on 9 April 1981 and concluded that the applicant’s condition (idiopathic pulmonary fibrosis associated with spontaneous pneumothorax and restrictive disease; moderate) was “moderately advanced and appears to be progressive” and therefore recommended placement of the applicant’s name on the Temporary Disability Retired List (TDRL) with re-examination in October 1982.  The applicant concurred with the PEB and on 
25 June 1981 he was released from active duty and his name was placed on the TDRL.

In December 1982 medical officials concluded that the applicant’s condition had remained unchanged, that he was not taking any medication, and that he was working full time in Houston, Texas where “he refills jets with fuel.”  The evaluating physician noted the applicant “still gets short of breath on physical exertion, running and walking up stairs.”  An informal PEB concluded on 
13 January 1983 that the applicant’s condition was “now considered stable” but that he continued to remain unfit for further military service.  His condition was rated at 10 percent under the VA Schedule of Ratings Disability (VASRD) Code 6899/6802 and the PEB recommended separation with severance pay.  The applicant concurred with the findings and recommendation of the PEB and on 
31 March 1983 the applicant’s name was removed from the TDRL and he was authorized severance pay based on his permanent physical disability.

VASRD Code 6899/6802 applies to a rating by analogy (6899) to unspecified pneumoconiosis (6802) which provided for a 10 percent rating for “definitely symptomatic with pulmonary fibrosis and moderate dyspnea on extended exertion.”  A rating of 30 percent required “considerable pulmonary fibrosis and moderate dyspnea on slight exertion, confirmed by pulmonary function tests.”

Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.

Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.

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 evidence of record does not support the applicant’s contention that he should have been permanently retired as a result of his medical condition.  The applicant, who would have been familiar with his medical ailments, at the time of the MEB and PEB, concurred with the findings of both and provides no evidence that he ever raised either issue during his disability processing.

2.  Furthermore, the applicant provides no evidence or documentation with his application to this Board which substantiates the existence of any additional medical problems which he feels should have, but were not, addressed by the MEB or PEB.

3.  The applicant’s medical condition was properly rated in accordance with the VASRD and the applicant has not shown evidence of any error or injustice in the rating decision.

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

__fe____  ___cla__  ___svw__  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999032763	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000413	
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.	108.00	
2.		
3.		
4.		
5.		
6.