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. In the absence of medical evidence to the contrary, it is presumed that the available service records are correct as presently constituted.
3. The evidence in this case does not support his contention that there was an error or injustice in his separation from active duty.
4. He was found fit for retention by a physical examination and was discharged at the expiration of his term of service.
5. The rating action by the VA does not necessarily demonstrate any error or injustice in the Army rating. The VA assigns disability ratings as it sees fit.
6. The VA can evaluate a veteran throughout his lifetime, adjusting the percentage of disability based upon that agencies examinations and findings, as has already been noted.
7. In view of the foregoing, there is no basis for granting the applicant’s request.
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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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...
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Although the applicant’s medical records do show that he injured the middle finger of his left hand in March 1970, those medical records do not indicate any medical condition incurred while entitled to receive basic pay which was so severe as to render the applicant medically unfit for retention on active duty. The Army must find unfitness for duty at the time of separation before a member may be medically retired or separated. The medical evidence of record indicates that the applicant...
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He further states that the physical evaluation board (PEB) found him fit for duty; however, because he had a permanent (P3) physical profile, he was denied reenlistment. On 8 September 2006, the VA gave the applicant a 50% disabling rating for sleep apnea to be effective 26 February 2006. Not only has the applicant failed to show through the evidence of record and the evidence submitted with his application that he was denied reenlistment, his discharge orders indicate that he did not want...
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The PEB informed the applicant that the evidence established that his disability was not unfitting at the time of his release from active duty and there is no documentation of permanent aggravation resulting from subsequent military duty. The medical evidence of record supports the determination that the applicant's unfitting condition was properly diagnosed and rated at the time of his discharge. The available medical records show he went before an MEB and a PEB and neither...
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