APPLICANT REQUESTS: That his records be corrected to show that he was discharged due to physical disability and that he was entitled to the National Defense Service Medal (NDSM), the Expert Rifle Badge and the Parachute Badge.
APPLICANT STATES: That he fell on numerous occasions and suffered low pack pain thereafter. He states that his medical records minimize his back pain and make no mention of his falls.
COUNSEL CONTENDS: Counsel is silent on the issues.
EVIDENCE OF RECORD: The applicant's military and medical records show:
On 9 January 1973, he enlisted in the Regular Army, for 2 years. He completed his required training and was awarded military occupational specialty 17K (Ground Surveillance Radar Crewman).
On 11 November 1974, a physical examination cleared the applicant for separation. The applicant noted on this examination that he was in good health with hay fever and rash problems. His physical profile was 111111A.
On 8 January 1975, he was honorably separated under Army Regulation 635-200, based on the expiration of his term of service. His Report of Separation indicates that he had 2 years of creditable service. He was entitled to award of the NDSM and the Expert Rifle Badge.
On 22 May 1995, in support of his claim for service-connected disability from the VA, the applicant completed VA form 21-4176s (Report of Accidental Injury) for:
a. 14 January 1973 - falling from the horizontal ladder at the Reception Station, Fort Ord, California. He claims to have reported to the medical facility for pneumonia and lower back pain, but was treated for pneumonia only.
b. 25 June 1973 - falling from a rope, while rappelling from a helicopter, at Fort Huachuca, Arizona.
c. 12 September 1973 - fell from a jeep while loading radios needing repair, at Fort Hood, Texas.
On 4 May 1995, a VA Rating Decision awarded the applicant a combined service-connected disability rating of 0 percent, for (1) hypertension; (2) neurodermatitis; and, (3) allergic rhinitis.
On 21 January 1997, the medical advisor to the Department of the Army Review Boards Agency opined (COPY ATTACHED) that there is no evidence in the record to support the applicants contention that he was medically disqualified from active duty.
Army Regulation 600-8-22, Military Awards, indicates, in pertinent part, that Parachutist badges will be awarded when an applicant completes the required proficiency tests at the Airborne Department, Department of the Army Infantry School, Fort Benning, Georgia or participates in at least one combat parachute jump as a member of an organized force carrying out an assigned tactical mission for which the unit was credited with an airborne assault landing by the theater commander; while engaged in military operations involving conflict with an opposing foreign force; or while serving with friendly foreign forces engaged in an armed conflict against an opposing armed force in which the United States is not a belligerent party.
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. There is no evidence of record that the applicant sustained the falls he claims.
3. There is no evidence that the applicant was ever attached or assigned to Fort Benning for airborne training or was assigned to a combat zone in any capacity.
4. The evidence of record clearly shows that the applicant was medically qualified at the time of his separation.
5. 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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