APPLICANT REQUESTS: That his records be corrected to show he received a medical retirement.
APPLICANT STATES: That he should have had a 10 percent rating for a mental condition which would have given him the required 30 percent for retirement.
EVIDENCE OF RECORD: The applicant's military and medical records show:
On 17 November 1984, he enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty 13B, Field Artillery).
From 26 June to 16 July 1985, he was hospitalized for complaints of pain in his legs. The pain was recurrent thereafter.
On 12 March 1986, Medical Evaluation Board (MEBD) Proceedings diagnosed (Dx) him with (1) Reiters Syndrome (a variant of inflammatory arthritis); (2) mixed personality disorder; and, (3) purified protein derivative conversion and recommend his case be forwarded to a Physical Evaluation Board (PEB). The applicant concurred with the MEBD findings and recommendation.
On 27 March 1986, an Informal PEB found him unfit for further service, based on Reiters Syndrome (Dx 1), which had existed prior to service, but was service aggravated. Dx 2 and 3 were not unfitting, thus not ratable. His condition was rated at 20 percent disabling. The applicant did not concur with the recommendation and demanded a formal hearing.
On 10 June 1986, a Formal PEB confirmed the findings and recommendation of the Informal PEB.
On 6 August 1986, he was honorably discharged under Army Regulation 635-40, physical disability with severance pay. He received $2,978.40 in severance pay. His Report of Separation indicates he had 1 year, 8 months and 9 days of creditable service.
On 25 July 1991, a VA Rating Decision indicates he was awarded a 20 percent service-connected disability rating, effective 7 August 1986, for Reiters Syndrome.
On 3 October 1996, the Army Physical Disability Agency (USAPDA) opined (COPY ATTACHED) that there were no errors or injustices, no positive medical evidence submitted and recommended denial of the request.
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 individuals 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 at least 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 opinion, 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 disability rating by the PEB. This is supported by the opinion from the USAPDA.
4. The applicants disability was properly rated in accordance with the VA Schedule for Rating Disabilities. His separation with severance pay was in compliance with law and regulation.
5. The medical evidence of record supports the determination that the applicants unfitting condition was properly diagnosed and rated at the time of his discharge.
6. In view of the foregoing, there is no basis for granting the applicants 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
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