APPLICANT REQUESTS: In effect, a medical retirement.
APPLICANT STATES: He states, in effect that his discharge should be changed from an honorable discharge (HD) to permanent disability. He also states, that he should have been medically evaluated prior to separation.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 8 July 1957. He completed 12 years of formal education. On 29 April 1977, he enlisted in the Regular Army for 4 years. He completed the required training and was awarded military occupational specialty 36L10 (Switching Central Repairer). His service was continuous through reenlistments and extensions. The highest grade he achieved was pay grade E-5.
In June 1978, the applicant was diagnosed as having Trigeminal Neuralgia, (a disorder of the sensory nucleus of the trigeminal nerve). There is no medical evidence in his medical records which indicates that during the applicants 15 years of military service that he was preferred to a medical evaluation board.
The applicant signed a DA Form 4187 (Personnel Action) requesting that he be discharged from the service in accordance with Army Regulation 635-200, paragraph 16-8, under the FY92 Enlisted Voluntary Early Release Program (VSI). The applicants request was approved, upon the soldier having at least 5 years of continuous active service. The applicant was advised of his rights.
On 3 September 1992, a separation physical examination, performed by a competent medical doctor determined that the applicant was then medically fit for retention.
On 25 September 1992, the applicant was discharged, in pay grade E-5, under the provisions of Army Regulation 635-200, paragraph 16-8 (Early Release Program - Voluntary Separation Incentive), with an honorable discharge. He received separation pay in the amount of $41,664.96. The applicant had completed 15 years, 4 months and 27 days of active military service. He was awarded the Army Achievement Medal, the Good Conduct Medal (5th award), the National Defense Service Medal, the Army Service Ribbon and the Overseas Service Ribbon (3rd award). He was given a reentry code of RE-3 and was transferred to an Army Reserve unit.
Army Regulation 635-200 sets forth, policy and prescribes procedures for separation of enlisted personnel. Paragraph 16-8, prescribes the procedures for the reduction of enlisted strength in the Army. These programs are prescribed periodically by the Secretary of the Army to meet budgetary end-strengths as required by the Congress of the United States. Personnel so separated may be eligible to reenlist at a later date based on the needs of the Army. Former soldiers should work with their local recruiting office to determined their reenlistment eligibility.
The VSI/SSB program was authorized by Congress as a force management tool with which to effect the drawdown of military forces. The program is not an entitlement; accordingly, it is not offered to all soldiers. Rather, it is offered to select soldiers in excess grades/skills who are otherwise fully eligible for continued service. These are soldiers who, but for the drawdown, would be eligible to qualify for normal 20 year retirement. The bonus is offered as an incentive to leave military service prior to the
20 year mark. Soldiers so separated are required to serve a minimum of 3 years in the Army Reserve.
On 25 June 1993, the Department of Veterans Affairs (VA) rated the applicant at 30 percent for cranial nerve paralysis and face and speech problems, 20 percent for organic mental disorder (claimed as loss of memory) and
10 percent for lumbar spine/mild osteoarthritic.
The award of VA compensation does not mandate disability retirement or separation from the Army. The VA, operating under its own policies and regulations, may make a determination that a medical condition warrants compensation. The VA is not required to determine fitness for duty at the time of separation. The Army must find a member physically unfit before he can be medically retired or separated.
Title 38, United States Code, sections 310 and 331, permits the VA to award compensation for disabilities which were incurred in or aggravated by active military service.
A medical consultant for the Board, in a comment (COPY ATTACHED) to this Board, opined that the applicant was medically cleared for separation.
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. 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.
3. A separation physical, performed by a competent medical doctor determined that the applicant did not have any medically unfitting disability which required physical disability processing. Therefore, there was no basis for physical disability retirement or separation.
4. Therefore the type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.
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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