MEMORANDUM OF CONSIDERATION
IN THE CASE OF:
BOARD DATE: 29 July 1998
DOCKET NUMBER: AC97-06528
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 following members, a quorum, were present:
Mr.
Analyst
The applicant requests correction of military records as stated in the application to the Board and as restated herein.
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: In effect, that his narrative reason for discharge be changed to reflect that he was medically discharged from military service.
APPLICANT STATES: In effect, that he should have been medically discharged and that he is no longer fit for duty because of his medical conditions (heart problems-coronary bypass surgery, diabetes; and high blood pressure).
EVIDENCE OF RECORD: The applicant's military records show:
On 25 October 1982, at Marlin, Texas, after a break in service the applicant enlistment in the Texas Army National Guard (TXARNG) for a period of 3 years. At the time of enlistment he had attained the rank of sergeant/E-5, had been awarded the military occupational specialty (MOS) 19E (Gunner), and had completed 10 years 2 months and 12 days of prior honorable service.
On 1 June 1988 the applicant was awarded the MOS 63N (Tank Systems Mechanic) and reassigned to the Headquarters, 112th Artillery, Marlin, Texas.
On 17 June 1991 the VA assigned the applicant a 10 percent rating for his service connected Dermatophytosis, effective 1 October 1990.
On 4 December 1993 the applicants record was flagged for the weight control program.
The facts and circumstances surrounding the applicants transfer to the retired reserve are not in the record. However, the applicants NGB Form 22 (Report Of Separation and Record of Service) indicates that the applicant was honorably discharged on 24 October 1995, in the rank of sergeant/E-5, under National Guard Regulation 600-200, Paragraph 8-27V (request of soldier to be transferred to the USAR retired reserve); that he had completed a total of 21 years, 2 months, and 12 days of active and reserve military service.
On 24 October 1995 the applicant was transferred to the retired reserve.
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 can evaluate a veteran throughout his lifetime, adjusting the percentage of disability based upon that agencys examinations and findings. However, 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.
National Guard Regulation 600-200, paragraph 8-27V,
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:
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
___CHL_____ ___SLP_____ ___CLG_____ DENY APPLICATION
Loren G. Harrell
Director
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