APPLICANT REQUESTS:  In effect a medical retirement.

APPLICANT STATES:  In effect, that he should not been separated while being treated for a service connected  disability..

COUNSEL CONTENDS:  No contentions were submitted. 

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

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

He was born on 31 May 1941.  On 21 September 1985, the applicant entered active duty as a reserve commissioned officer of the Army, in the rank of Major (O-4) with 4 years and 20 days of prior active service and 13 years, 7 months and 11 days of prior inactive service.  The highest grade he achieved was pay grade O-5.

Between February 1985 and February 1994, the applicant was seen on many occasions by a Orthopedic doctor for recurring discomfort and pain in both knees.  He was diagnosed as having chondromalacia patella, bilateral.  There is no medical evidence that the applicant was referred to appear before a medical evaluation board.

On 30 June 1994, the applicant was honorably released from active duty, under the provisions of Army Regulation 635-100, paragraph 3-49G, in pay grade O-5, the narrative reason for separation was Reduction in Force.  He served 26 years, 5 months and 10 days of creditable active and inactive service.  He was awarded the Army Commendation Medal, the Army Reserve Component Achievement Medal, the Meritorious Service Medal, the Army Good Conduct Medal, the Armed Forces Reserve Medal, the National Defense Service Medal and the Army Service Ribbon.

On 1 July 1994, the Department of Veterans Affairs (VA) awarded the applicant a 30 percent service connected disability rating.

A medical consultant for the Board, in a comment (COPY ATTACHED) to this Board, opined that the applicant was medically fit for retention at the time of separation and recommended that his records not be corrected on a medical basis.

Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, rank or rating.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), 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 medical evidence of record indicates that the applicant was medically fit for retention at the time of his separation.  He has submitted no probative medical evidence to the contrary.

3.  The applicant’s medical record indicates that he did not have any medically unfitting disability which required physical disability processing.  Therefore, there is no basis for physical disability retirement or separation.

4.  The foregoing is supported by the opinion of the OTSG.

5.  An award of a VA rating does not establish entitlement to medical retirement or separation.  The VA is not required to find unfitness for duty.  Operating under its own policies and regulations, the VA awards ratings because a medical condition is related to service, i.e., service-connected.  Furthermore, the VA can evaluate a veteran throughout his lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.  The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated.

6.  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