| Mr. Loren G. Harrell | Director | |
| Mr. William Blakely | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Van B. Cunningham | Member | |
| Ms. Carol Jo Suiter | Member |
APPLICANT REQUESTS: In effect, that her records be corrected to show that she was medically retired from the Army.
APPLICANT STATES: That she received a disability rating of 30 percent from the Department of Veterans Affairs (VA) Regional Office, New Orleans, Louisiana for migraine headaches that were service connected. In support of her contention she submits a copy of the VA rating decision dated 8 July 1995.
COUNSEL CONTENDS: That the VA rating of 30 percent provides evidence to support the applicant’s request for an equitable review.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered the Army in the rank of second lieutenant on 7 March 1989. She was awarded the career field 67B (Field Medical Assistant). Her highest rank attained was captain.
The applicant served in assignments at Hawaii and Fort Polk, Louisiana. While assigned to Fort Polk the applicant tendered her unqualified resignation from the Army under the provisions of Army Regulation 600-8-24, chapter 3,
paragraph 3-5. She stated the reason for tendering her resignation was to pursue her personal goals. Her resignation included a statement from her commander that she was not pending medical or physical evaluation board proceedings. Also, her Officer Evaluation Reports covering the period of service under review revealed no evidence that migraine headaches affected the applicant’s duty performance.
The resignation was approved by the appropriate authority and the applicant was discharged from the Army on 14 February 1994 with an honorable discharge. She had served 4 years, 11 months, and 8 days of total active service.
Army Regulation 635-40, paragraph 2-2b, as amended, provides that when a member is being separated by reason other physical disability, his continued performance of duty creates a presumption of fitness which can be overcome only by clear and convincing evidence that he was unable to perform his duties or that acute grave illness or injury or other deterioration of physical condition, occurring immediately prior to or coincident with separation, rendered the member unfit.
Army Regulation 40-501, paragraph 3-3b(1), as amended, provides that for an individual to be found unfit by reason of physical disability, he must be unable to perform the duties of his office, grade, or rating and the conditions must have been incurred while entitled to base pay.
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’s medical records are unavailable for review by the Board. However, the applicant has submitted no evidence that she was suffering from migraine headaches while she was in the Army, which precluded her from performing her military duties.
2. The Board notes that the applicant’s tender of her resignation included a statement from her commander that she was not pending medical or physical evaluation board proceedings. In the absence of evidence to the contrary, it is reasonable to presume that she was fit for retention in the Army at the time of her separation.
3. The Board notes that the applicant’s Officer Evaluation Reports covering the period of service under review are absent of any remarks that migraine headaches affected her duty performance.
4. The rating action by the VA does not necessarily demonstrate any error or justice on the part of the Army. The VA, operating under its on policies and regulations, assigns disability ratings as it sees fit. Any rating action by the VA does not necessarily constitute an error or injustice on the part of the Department.
5. 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
____X____ ____X____ ____X____ DENY APPLICATION
Loren G. Harrell
Director
| CASE ID | AC97-08934 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 19990210 |
| TYPE OF DISCHARGE | (HD,) |
| DATE OF DISCHARGE | 19940214 |
| DISCHARGE AUTHORITY | AR 600-8-24. . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | (, DENY,) |
| REVIEW AUTHORITY | |
| ISSUES 1 108. | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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