APPLICANT REQUESTS:  Reconsideration of his request that his honorable discharge be changed to a medical discharge with severance pay or be placed on the Temporary Disabled Retired List (TDRL).

APPLICANT STATES:  That he was issued a physical profile, therefore, not being considered for a medical discharge was unjust.

EVIDENCE OF RECORD:  Incorporated herein by reference are military records which are summarized in a memorandum presented before this Board on 9 January 1991 (COPY ATTACHED).

The applicant has provided a copy of the physical profile and his DD Forms 214, dated 2 March 1970, 30 May 1978, and 17 August 1982, which were a matter of record and previously considered.

Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for a medical condition which was incurred in or aggravated by active military service.  The VA, however, is not required by law to determine medical unfitness for further military service.  The VA, in accordance with its own policies and regulations, awards compensation solely on the basis that a medical condition exists and that said medical condition reduces or impairs the social or industrial adaptability of the individual concerned.  Consequently, due to the two concepts involved, an individual’s medical condition, although not considered medically unfitting for military service at the time of processing for separation, discharge or retirement, may be sufficient to qualify the individual for VA benefits based on an evaluation by that agency.

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

2.  In the absence of medical evidence to the contrary, it is presumed that the available service records are correct as presently constituted.

3.  The evidence in this case does not support his contention that there was an error or injustice in his separation from active duty.

4.  He was found fit for retention by a physical examination and was discharged at the expiration of his term of service.

5.  The rating action by the VA does not necessarily demonstrate any error or injustice in the Army rating.  The VA assigns disability ratings as it sees fit.

6.  The VA can evaluate a veteran throughout his lifetime, adjusting the percentage of disability based upon that agencies examinations and findings, as has already been noted.

7.  In view of the foregoing, there is no basis for granting the applicant’s request. 

DETERMINATION:  The original decision by this Board is reaffirmed.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION

						Karl F. Schneider
						Acting Director