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ARMY | BCMR | CY1997 | 9711436
Original file (9711436.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his discharge be changed to a disability discharge with severance pay.
APPLICANT STATES : In effect, that he was healthy before he came in the Army. He developed pneumonia and then he was told he had gout and was separated. Through the years he has missed a lot of work and he feels the Army caused his medical problems.

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

He was born on 28 July 1944. He completed 11 years of formal education. On 10 September 1962, he enlisted in the Regular Army for 3 years. He did not complete basic combat training.

The applicant was hospitalized twice while in basic training for pneumonia. A medical narrative summary upon his release the second time shows he had had pneumonia once prior to enlistment and a family history (father) of gout. He was diagnosed with gout, treated, improved, line of duty (LOD) no, existed prior to entry on service (EPTS); pneumonia, treated, cured, LOD yes; and paroncyhia 4 th finger left hand, treated, cured, LOD yes. Disposition was that he did not meet the procurement standards and recommended he meet a medical board for consideration of separation.

On 7 March 1963, the applicant signed a statement requesting discharge for physical disability. He had been notified he was considered unfit for retention on account of a physical disability which was considered to have existed prior to entry on service and which appeared to be not incident to or aggravated by military service. He chose not to have his case considered by a physical evaluation board (PEB). He understood that such separation would be without disability retirement or disability severance pay.

On 13 March 1963, a medical evaluation board found the applicant medically unfit for gout, EPTS, and recommended separation.

On 19 March 1963, the appropriate authority approved the recommendation.

On 28 March 1963, the applicant was honorably discharged in the pay grade of E-2 under the provisions of Army Regulation 635-40, physical disability, EPTS. He had completed 6 months and 19 days of creditable active service and had no lost time.

Army Regulation 635-40 governs the evaluation for physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. In pertinent part that regulation provides for the separation of an enlisted soldier for non-service aggravated EPTS conditions when the soldier requests waiver of a PEB evaluation.

The Department of Veterans Affairs provides health-care benefits to veterans, including veterans who are non-service connected.

 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 applicant's administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights. The applicant acknowledged at the time that he would not receive severance pay. He had the opportunity to have his case considered by a PEB and chose not to do so.

3. The applicant should apply to his nearest VA medical center for assistance in obtaining any authorized health-care benefits.

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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