MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: -

	BOARD DATE:            10 August 2000    
	DOCKET NUMBER:   AR1999033022

	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		Director	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Mark D. Manning		Chairperson	
	Mr. John Saputo		Member	
	Ms. Karen A. Heinz		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 or separation. 

APPLICANT STATES:  He had a “medical condition” which was “misdiagnosed for several years prior to being discharged from the Army” and that as a result of the misdiagnosis he should have been medically retired or separated from active duty.  He states, in effect, that he was seen by medical officials on several occasions while on active duty with complaints of bowel problems but it wasn’t until after his separation from active duty that he was diagnosed with Crohn’s Disease.  In support of his request he submits copies of his service and post service medical records.

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

He entered active duty on 30 April 1986 and served successfully until he was discharged at the completion of his enlistment contract on 21 September 1992.  During his period of active duty he received several personal decorations, was advanced to the grade of E-5, and in June 1992 “exceeded” his battalion’s physical fitness test score goal “of 240 on [the] APFT [Army Physical Fitness Test].”  A physical examination, conducted in conjunction with his separation from active duty, indicated the applicant was physically fit for separation with a physical profile of 1-1-1-1-1-1.

His service medical records indicate medical personnel saw him on several occasions for stomach/bowel problems, but he continued to perform his military duties inspite of his medical problems.

Subsequent to his separation from active duty he was diagnosed with Crohn’s Disease and in 1999 was granted a 30 percent disability rating by the VA retroactive to 18 September 1998.  A statement provided by the applicant in support of his request, and his VA rating document, both note that the applicant’s gastrointestinal problems, shown in his service medical records, were linked to his Crohn’s Disease.

In the processing of this case an advisory opinion (COPY ATTACHED) was provided by the Board’s medical advisor.  He noted that while the applicant’s Crohn’s Disease may have “been present in a very early stage near the end of his enlistment, there is no evidence that the disease in any way affected the applicant’s duty performance….”  In response to the opinion the applicant stated, in effect, that had his condition “been correctly diagnosed” he would “have made a better informed decision to be either medically boarded or ETS normally.”  He submits copies of documents already in his file in addition to his 1999 VA rating decision.

Crohn's Disease is an inflammatory bowel disease (IBD), the general name for diseases that cause inflammation in the intestines.  Crohn's Disease may also be called ileitis or enteritis.

Army Regulation 635-40 states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.  When a solider is being processed for separation or retirement for reasons other than physical disability, continued performance of assigned duty commensurate with his or her rank or grade until the soldier is scheduled for separation or retirement, creates a presumption that the soldier is fit.  The presumption of fitness may be overcome if the evidence establishes that the soldier was, in fact, physically unable to perform adequately the duties of his or her office, grade, rank or rating for a period of time because of disability.  There must be a causative relationship between the less than adequate duty performance and the unfitting medical condition or conditions.  The presumption of fitness may also be overcome by an acute, grave illness or injury or other significant deterioration of the soldier’s physical condition occurred immediately prior to, or coincident with processing for separation or retirement for reasons other than physical disability and which rendered the soldier unfit for further duty. 

Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.

Army Regulation 40-501, at paragraph 3-3a, provided, in pertinent part, that performance of duty despite an impairment would be considered presumptive evidence of physical fitness.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  Although the applicant's may have received treatment for stomach and bowel problems while on active duty and was subsequently diagnosed with Crohn’s Disease his continued performance of duty until his separation from active duty in September 1992 raised a presumption of fitness which he has not overcome by evidence of any unfitting, acute, grave illness or injury concomitant with his separation.  Even if his condition had been diagnosed while on active duty, unless it prevented him from performing his duties he would not have been referred for disability processing.

2.  The evidence of record indicates he did not have any medically unfitting disability which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

3.  A rating action by the VA does not necessarily demonstrate any error or injustice by the Army.  The VA, operating under its own policies and regulations, assigns disability ratings as it deems appropriate.  Any rating action by the VA does not compel the Army to modify its reason or authority for separation.

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 that 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

___mdm__  __js___  ___kah__  DENY APPLICATION

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

INDEX

CASE ID	AR1999033022	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000810	
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.