APPLICANT REQUESTS:  That his records be corrected to show that his discharge was for a physical disability.

APPLICANT STATES:  That his medical conditions he had in the service has totally disabled him.

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

On 24 April 1968, the applicant enlisted in the Regular Army.  He completed his required training and was awarded military occupational specialty 95B (Military Policeman).

On 15 July 1976, a physical examination indicated that he was not qualified for separation and that further tests were ordered.  He did not indicate any psychiatric complaints or head injury, at the time of his separation physical examination.

On 29 August 1976, he was honorably discharged under Army Regulation 635-200, chapter 2, based on the expiration of his term of service.

On 6 August 1987, a VA Rating Decision awarded the applicant a combined service-connected disability rating of          20 percent, effective 10 October 1985, for probable post traumatic stress disorder, 10 percent and ance vulgaris,   10 percent, and bilateral sensorineural hearing loss,       0 percent.  That rating noted that the “Disability is the result of the veteran’s own willful and persistent misconduct:  drug (heroin and cocaine) abuse”.  The applicant’s disability ratings have since fluctuated between 10 and 70 percent. 

On 7 January 1997, the Office of The Surgeon General opined (COPY ATTACHED) that the applicant was met medical retention standards at the time of his separation.

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.

Title 10, United States Code, sections 1201 and 1203, provides for the physical disability retirement and separation, respectively, of a member who has at least     20 years of service or a disability rated 30 percent disabling.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinions, 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.  At the time of separation, there were no psychiatric or neurologic findings noted.  At separation, the applicant was tested for and found positive for then or previously having syphilis.  There was no evidence of neurosyphilis.  The applicant was medically qualified for retention or separation.

3.  The applicant has properly sought compensation from the VA.  The VA, as has been his case, is able to follow his condition and amend his disability rating percentage as his condition changes.
4.  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