Title: APPLICANT REQUESTS: In effect, reconsideration of his initial request that his medical retirement, 30 percent disabling, which was granted by this Board on 22 April 1992, be corrected to show the current VA rating
Author: WoodsHN

ABCMR Memorandum of                        AC86-06664B
Consideration (cont)

APPLICANT REQUESTS:  In effect, reconsideration of his initial request that his medical retirement, 30 percent disabling, which was granted by this Board on 22 April 1992, be corrected to show the current VA rating.

APPLICANT STATES:  That his records do not reflect the degree of disability that he is suffering with.

EVIDENCE OF RECORD:  Incorporated herein by reference are military records which are summarized in a memorandum presented before this Board on 22 April 1992 (COPY ATTACHED).

On 22 April 1992, this Board vacated his honorable separation based on his perception that he could not overcome a locally imposed bar to reenlistment; relieved him from active duty for physical unfitness, 30 percent disabling; and permanently retired him.

On 5 September 1996, a VA Rating Decision awarded the applicant a service-connected disability rating of         70 percent, effective 21 October 1988, for organic brain syndrome secondary to head injury.  This action increased his percentage from 30, which had been established on      31 January 1985.

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.  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.

2.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

3.  The rating action by the VA does not necessarily demonstrate any error or injustice in the Army rating.  The VA, operating under its own policy and regulations, assigns disability ratings as it sees fit.  Any rating action by the VA does not compel the Army to modify its rating.
DETERMINATION:  The original decision by this Board is reaffirmed.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION

						Karl F. Schneider
						Acting Director