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ARMY | BCMR | CY1980-1989 | 8608674
Original file (8608674.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, reconsideration of his request that he be medically discharged from the Army, which was denied by this Board on 3 August 1988.
APPLICANT STATES : That he was under psychiatric care for approximately 4 months. He further states that he did not learn that he could apply for a change in his discharge until 8 May 1995.

EVIDENCE OF RECORD : Incorporated herein by reference are military records which are summarized in a memorandum presented before this Board on 3 August 1988 (COPY ATTACHED).

On 28 March 1978, the applicant was found to be medically qualified for separation with a 111111A physical profile.

On 21 December 1978, a VA Rating Decision denied the applicant service-connection for schizophrenia, based on the applicant’s indication that he had depression or excessive worry prior to entering the service and that military medical records did not substantiate it.

On 27 September 1985, a VA Rating Decision indicates that the applicant’s service-connected disability (schizophrenia, chronic, undifferentiated, competent, in remission), was rated at 50 percent, effective 1 April 1980; at 10 percent, effective 1 September 1982; at 100 percent, effective 28 July 1985; at 10 percent, then 30 percent, and finally 50 percent, effective 1 September 1985. On 1 December 1994, the rating was increased to 100 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. There is no evidence that the applicant was hospitalized for 4 months; however, he did receive psychological testing, on an outpatient basis, for a period of approximately 4 months.

3. 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.

4. The fact that the VA, in its discretion, has awarded the applicant a disability rating is a prerogative exercised within the policies of that agency. It does not, in itself, establish physical unfitness for Department of the Army purposes. It is noted that the VA denied his claim and did not rate the applicant until 1980, almost 2 years after his separation.

DETERMINATION : The original decision by this Board is reaffirmed.

BOARD VOTE :

GRANT

GRANT FORMAL HEARING

DENY APPLICATION




                                                      Karl F. Schneider
                                                      Acting Director

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