MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 4 February 1999
DOCKET NUMBER: AC95-07477B
AR1999019250
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.
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: Reconsideration of his previous application to correct his records by granting him medical retirement in lieu of medical separation.
APPLICANT STATES: In effect, that his condition has worsened, he is unable to work and the VA has rated him at 50 percent for his service connected disabilities. He contends that as he was not physically fit to continue on active duty he warrants physical disability retirement. He contends that the recent medical findings and tests show an error in the physical evaluation by the military.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 27 June 1997 and the 14 August 1998 Memorandum of Consideration .
The applicant submits a request for assistance by the Secretary of the Army, additional copies of post service medical records, a November 1998 VA rating letter, a November 1998 private neurological exam for headaches and chronic low back pain, copies of his current medications, and a denial of entitlement to subsidized housing.
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. The applicant has again submitted evidence showing his medical condition, as it is currently. This evidence does not support a finding of an error in the original military medical evaluation. The applicant himself indicates that his condition has worsened since his release from service. The fact that the VA has the authority to grant increases in rating levels as a condition worsens does not indicate an error in the military determination
2. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.
3. 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
__JHL___ __AAO__ ___VBC__ DENY APPLICATION
Loren G. Harrell
Director
INDEX
CASE ID
AC95-07477B
AR199901925
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
19990204
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
108.00
2.
108.02
3.
4.
5.
6.
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