MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            17 August 2000    
	DOCKET NUMBER:   AR1999033954

	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:

	Ms. Sherri V. Ward		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Linda D. Simmons		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, entitlement to disability retired pay.

APPLICANT STATES:  He was told by doctors at Cutler Army Hospital that he would be entitled to disability retired pay commencing on his 60th birthday.  He states that when he applied for such pay in August 1998, upon reaching his 60th birthday, he “was turned down.”  In a letter to his congressional representative the applicant indicated he had “accumulated” a total of fourteen years of service in the Air Force, Vermont Air National Guard and Massachusetts Army National Guard when he was told he “must be discharged…because of a heart condition.” He notes that he was told that he “could still apply for [his] pension at 60 years of age, even though [he] did not have the required years [of] service” because he had a heart attack while on active duty in transit to summer camp in the spring of 1978.  He states that had he known he was going to be turned down for his pension he “would have fought [his] discharge, and tried to remain in the Guard to earn [his] pension.”  In support of his request he submits extracts from his service personnel and medical records.

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

He served an initial period of active duty with the Air Force between 1956 and 1960 and enlisted in the National Guard in 1971.

On 22 June 1978, while having dinner as a “member of the advance party enroute to Fort Drum, New York” the applicant “felt his heart starting to skip” and requested a fellow unit member “call an ambulance.”  The applicant was admitted to Rome Hospital at 2130 hours with “coronary insufficiency.”  It was determined that while the 22 June 1978 incident was “in line of duty” his basic heart condition was determined to have existed prior to his entry on duty (EPTS).

A 28 July 1978 memorandum from the Chief, Army National Guard Personnel Center to the Adjutant General of the State of Massachusetts noted that “in view of the circumstances in this case it appears that [the applicant] should be evaluated regarding qualifications for further service.”

An 8 November 1978 medical board concluded that the applicant suffered from coronary artery disease, proven to have two vessel disease by cardiac catheterization and syncopal episode secondary most likely to cardiac arrhythmia.  The 28 July 1978 “syncopal [fainting] episode” was considered in the line of duty but the coronary artery disease was determined to be EPTS.  Based on the applicant’s coronary artery disease he was determined to be unfit for continued service and the board recommended administrative separation.  The applicant concurred with the findings and recommendation of the medical board on 20 November 1978.  He was honorably discharged from the Army National Guard on 1 December 1978.

Army Regulation 635-40 states, in effect, that Reserve Component soldiers will be separated from the Reserves when they no longer meet medical retention standards.  Such separation will be without benefits if the unfitting condition was not incurred or aggravated as the proximate result of performing annual training, active duty special work, active duty for training, or inactive duty training.

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 indicates that the applicant was separated from the Army National Guard as a result of his heart condition which was “not incurred or aggravated as the proximate result of performing annual training, active duty special work, active duty for training, or inactive duty training.”  As a result he was not entitled to any benefits.

2.  While the applicant maintains that he was told that he would be eligible for benefits at age 60 there is no evidence which supports that contention.  His separation without benefits was in accordance with laws and regulations in effect at the time.

3.  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.

4.  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

__svw___  ___mhm_  __lds___  DENY APPLICATION

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

INDEX

CASE ID	AR1999033954	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
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.