APPLICANT REQUESTS: That his records be corrected to show that he was discharged by reason of physical disability.
APPLICANT STATES: That he should have been medically retired, because the VA awarded him a 30 percent disability rating after he was separated from active duty.
COUNSEL CONTENDS: Counsel was silent on the issue.
EVIDENCE OF RECORD: The applicant's military and medical records show:
On 26 March 1982, after having previously served for 6 months and 27 days active duty, he enlisted in the Regular Army. He completed his required training and was awarded military occupational specialty 31G (Tactical Communication Specialist). He was promoted to pay grade E-6 effective 1 May 1987.
On 11 July 1992, he was honorably separated, in pay grade E-6, under Army Regulation 635-200, paragraph 16-8, based on his request for participation in the FT 92 Enlisted Voluntary Early Transition Program. He received $30,519.45 as a special separation benefit. His Report of Separation indicates that he had 10 years, 10 months and 13 days of creditable service.
On 26 April 1993, a VA Rating Decision awarded him a combined, service-connected disability rating of 30 percent, effective 12 July 1992, for (1) history of back with degenerative changes, 10 percent; (2) tinnitus, 10 percent; (3) essential hypertension, 10 percent; and, (4) bilateral hearing loss, 0 percent.
On 18 February 1997, the Office of The Surgeon General, opined (COPY ATTACHED) that the applicant met medical retention standards at the time of his separation.
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, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated 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(s), 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 evidence in this case does not support his contention that there was an error or injustice in his separation from active duty.
3. The rating action by the VA does not necessarily demonstrate any error or injustice by the Army, since the applicant met medical retention standards at the time.
4. 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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