APPLICANT REQUESTS:  That his records be corrected to show he was retired with 20 years active duty.

APPLICANT STATES:  That his discharge was in error.

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

During the period 22 June 1970-15 April 1977, he was on active duty in the Regular Army.  During that period of active duty, he was diagnosed as having a hearing loss in his left ear and issued an H-3 physical profile which precluded assignments to noisy areas.  It was determined that he was qualified and retainable.  A VA Rating Decision awarded him a service-connected disability rating of       10 percent, effective 16 April 1977 for that condition.  It is noted that he continued to receive VA disability compensation throughout the remainder of his active duty periods.

On 24 August 1981, as a member of the Army reserve, he entered on active duty in the Army/Guard Reserve Program, in pay grade E-5 and military occupational specialty (MOS) 76Y (Unit Supply Specialist).  He was promoted to pay grade E-6 effective 1 March 1985.

On 19 May 1987, MOS/Medical Retention Board (MMRB) Proceedings determined that the applicant should be retained on active duty.

On 4 December 1990, another MMRB determined that the applicant’s case should be forwarded to a Medical Evaluation Board (MEBD).

On 20 March 1991, MEBD Proceedings (COPY ATTACHED) indicate that the applicant was found to be unfit for continued service by reason of (1) herpes zoster with herpetic neuralgia; (2) sarcoidosis; and, (3) severe hearing loss with decreased auditory perception on the left.  His case was referred to a Physical Evaluation Board (PEB).  The PEB Proceedings are not available.

On 24 May 1991, he was honorably discharged, in pay grade  E-6, under Army Regulation 635-40, physical disability with severance pay.  His severance pay was $40,975.20.  His Report of Separation indicates that he had a total of      16 years, 6 months and 26 days of creditable service and    3 days of lost time.

On 19 March 1997, the Army Physical Disability Agency opined (COPY ATTACHED) that the applicant was most likely found unfit for herpes zoster, with post herpetic neuralgia, and rated analogous for pain at 10 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.  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.  The applicant did not complete 20 years active Federal service and is, therefore not eligible for a 20 year retirement.

3. 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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director