MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 July 2002
	DOCKET NUMBER:   AR2002075698

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Kenneth W. Lapin		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                 advisory opinion, if any)

APPLICANT REQUESTS:  That he be returned to active duty and then permanently retired by reason of physical disability or at least placed on the Temporary Disability Retired List.  He states that he was diagnosed with a brain tumor within weeks of his separation from active duty.  His civilian medical records are provided as supporting evidence.

EVIDENCE OF RECORD:  The applicant’s military records are not available.  Information contained herein was obtained from alternate sources.

He enlisted in the Regular Army on 7 June 1999 for 3 years.  He completed basic training and advanced individual training and was awarded military occupational specialty 19K (M1 Armor Crewman).  He departed on transition leave on 7 May 2002.  He was released from active duty on 6 June 2002 upon completing his required active service.  He immediately enlisted in the Army National Guard.

It appears that the applicant had a general seizure on 8 June 2002.  He was hospitalized and a parietal brain tumor was found.  It appears he underwent a craniotomy to remove a benign “epidermoid” (but probably meaning an ependymoma) tumor.  Apparently, his prognosis as of 9 July 2002 was that he would be able to resume employment on active duty in less than one year.  

The National Institutes for Health defines epidermoid as a sebaceous cyst  (www.nlm.nih.gov/medlineplus/ency/article/000542.htm).  The Merck Manual, 16th edition defines an ependymoma as one of the six classes of primary intracranial neoplasms.  It states that benign intracranial tumors grow slowly, with few mitoses, no necrosis, and no vascular proliferation and may achieve considerable size before producing symptoms.  However, “benign” brain tumors that cannot be entirely excised because of size or location are usually lethal.  Thus, the distinction between “benign” and “malignant” is less important for intracranial neoplasms than for systemic cancer.  The common intracranial ependymoma arises in the 4th ventricle and obstructs cerebrospinal fluid (CSF) flow.  While most of these tumors are benign, malignant degeneration does occur and the tumor may seed along pathways.  Ependymomas are usually approached surgically.  

Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  It 
states that the mere presence of an impairment does not, of itself, justify a finding of unfitness because of physical disability.  In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the soldier reasonably may be expected to perform because of his or her office, grade, or rank.  It states that disability compensation is not an entitlement acquired by reason of service-incurred illness or injury; rather, it is provided to soldiers whose service is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service.  

The mission of the Veterans Benefits Administration is to provide benefits and services to veterans and their families in a responsive, timely and compassionate manner in recognition of their service to the nation.  The Department of Veterans Affairs (VA) indicated that if a veteran is found to have a service-connected disability rated at least 50 percent, he or she would be eligible for free medical care in a VA facility.

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.  It was extremely unfortunate timing of the applicant’s tumor that it did not manifest itself until after he separated from active duty.  However, disability compensation is provided to soldiers whose service is interrupted and they cannot continue to reasonably perform because of a physical disability incurred or aggravated in service.  Although the applicant’s service medical and personnel records are not available, it appears he continued to perform his military duties up until the time he departed on transition leave on 7 May 2002.  While it is acknowledged that it is possible his tumor may have developed earlier than 6 June 2002, when he separated, there is no evidence to show that his performance of duty was hindered due to the disease.  

2.  While not the applicant’s solution of choice, the VA might make an independent decision granting service-connection for the applicant’s condition, considering the time frame involved between date of separation and date of diagnosis.  This solution most likely would at least enable the applicant to receive free medical treatment.

3.  Regrettably, in view of the foregoing there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__RVO__  __RTD__  __KWL__  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002075698	
SUFFIX		
RECON		
DATE BOARDED	2002/07/25	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.