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ARMY | BCMR | CY1997 | 9711337
Original file (9711337.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his discharge be changed to a permanent disability retirement.
APPLICANT STATES: That the VA has rated him at 30 percent.

 EVIDENCE OF RECORD : The applicant’s military records show:

After initially serving in the U.S. Army Reserve, he enlisted in the Regular Army on 22 January 1987. He had continuous service until his separation.

On 22 February 1995, a Medical Evaluation Board (MEB) diagnosed the applicant with asthma; seasonal and perennial rhinitis; mild Osgood-Schlatter’s disease; knee pain; migraine; dermatitis; and steatocystoma multiplex. The applicant concurred in the findings.

On 23 August 1995, an informal Physical Evaluation Board (PEB) found the applicant unfit by reason of asthma at 10 percent disability and migraines at 10 percent disability and recommended separation with 20 percent disability severance pay. The applicant concurred with the findings and recommendation.

On 17 November 1995, the applicant was discharged, in pay grade E-5, by reason of disability, with severance pay. He had completed a total of 9 years, 2 months and 16 days of creditable active service.

Title 38, U. S. 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 individual’s 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.

 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. The applicant was properly evaluated and rated by his evaluation boards. He concurred in all findings and recommendations.

3. The rating action by the VA does not necessarily demonstrate an error or injustice in the Army rating. The VA, operating under its own policies and regulation, assigns disability ratings as it sees fit. Any rating action by the VA does not compel the Army to modify its rating.

4. 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

 DENY APPLICATION




 Loren G. Harrell
                                              Director

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