APPLICANT REQUESTS:  In effect, that his records be corrected to show that he was over-prescribed medicines.

APPLICANT STATES:  That “his kidneys were unable to absorb the medicine, causing other medical problems, such as, swelling of body by 30 pounds of fluid and food passing through after eating”.  He alleges to have been over medicated on three occasions.

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

On 27 May 1943, he was inducted into the Army of the United States, reporting to active duty on 10 June 1943.

During his period of active duty, he was treated for a deviated nasal septum, cellulitis and tonsillitis.
During the period 3 July 1944-25 December 1945, he served in the European Theater of Operations.

On 12 January 1946, he was honorably separated, under AR 615-365, based on the convenience of the Government and demobilization.  His Report of Separation indicates he had  2 years, 7 months and 2 days of creditable service.

On 26 August 1949, A VA Rating Sheet established service-connection of 0 percent for Teeth.

On 6 October 1986, in a VA Report of Medical Examination for Disability Evaluation, the applicant complains of “knees, elbows (and) knuckles swelling and ach(ing); cramps in legs from hips down to feet; a lot of cramps in the bottom of his feet; a hernia keeps popping in and out; back bothers him a lot; some prostrate problems; ears itch a lot; mouth dry with film build up on tongue and swelling; eyes bother some; some chest pains; upset stomach and planes buzzing.”

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.  There is no evidence of record that the applicant was over prescribed medications during his period of active duty.

4.  The fact that the VA, in its discretion, has awarded the applicant a disability rating is a prerogative exercised within the polices of that agency.  It does not, in itself, establish physical unfitness for Department of the Army purposes. 

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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director