| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. Raymond V. O’Connor, Jr. | Chairperson | |
| Mr. John P. Infante | Member | |
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: That his honorable discharge be changed to a medical discharge.
APPLICANT STATES: That he was in the hospital during 1994 with an aneurysm. He was not able to fulfill the remainder of his enlistment contract. He provides his honorable discharge certificate and his discharge orders as supporting evidence.
COUNSEL CONTENDS: Counsel makes no additional contention.
EVIDENCE OF RECORD: The applicant's military records show:
He initially enlisted in the Regular Army on 22 June 1965. He served in Vietnam and was awarded the Purple Heart. He was honorably discharged on 21 June 1971. He enlisted in the Army National Guard on 22 January 1987. He was discharged on 29 October 1989 and enlisted in the U. S. Army Reserve on 30 October 1989 for 5 years. He served on active duty from October 1991 to September 1992. Effective 1 October 1993, he was assigned to the 425th Civil Affairs Battalion, Santa Barbara, CA.
A letter dated 7 March 1994 from a member of the 425th Civil Affairs Battalion to the applicant’s spouse indicates that the applicant was hospitalized for a cerebral aneurysm.
On 29 October 1994, the applicant was honorably discharged upon expiration of his term of service.
Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The regulation defines “physically unfit” as unfitness due to physical disability. The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty. Chapter 8 outlines the rules for processing soldiers of the Reserve components through the disability system. It provides that Reserve component soldiers who are eligible for processing under the provisions of chapter 8 are those who incur a disability from an injury determined to be the proximate result of performing annual training, active duty special work, active duty for training, a temporary tour of active duty to include full time training duty, or inactive duty training. Once referred to the disability processing system, a determination must be made whether the disability was the proximate result of performing duty.
The mission of the Veterans Benefits Administration is to provide benefits and services to veterans and their families in a responsive, timely and compassionate manner in recognition of their service to the nation. Title 38, U. S. Code, sections 310 and 331, permits the Department of Veterans Affairs (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.
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 this requirement.
2. The Board regrets that the applicant’s cerebral aneurysm may have been the result of an earlier head wound received in Vietnam. However, he provides no evidence to show that the aneurysm was the proximate result of performing annual training, active duty special work, active duty for training, a temporary tour of active duty to include full time training duty, or inactive duty training. Unless the aneurysm occurred while performing one of these duties, he was not eligible for processing through the physical disability system. It appears that the VA is the proper channel for the applicant to obtain medical services/compensation.
3. 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
__rvo___ __jpi___ __wdp___ DENY APPLICATION
| CASE ID | AR2001061187 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20011129 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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