MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
                                   


         BOARD DATE: 7 February 2002
         DOCKET NUMBER: AR2001061724

         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.

Mr. Carl W. S. Chun		Director
Ms. Rosa M. Chandler		Analyst

The following members, a quorum, were present:

Mr. Fred N. Eichorn		Chairperson
Ms. Margaret K. Patterson		Member
Mr. Lester Echols		Member

         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)

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APPLICANT REQUESTS: That her disability separation with severance pay be changed to disability retirement.

APPLICANT STATES: That she joined the military at age 19 and faithfully served in an active duty status for 17.5 years. She also served in the Reserve for 2 years, yet she was separated after the age of 40 with a 20 percent disability rating and given severance pay. She has a bad back, feet and stomach problems that are documented in her military records. She takes medication daily for pain and believes that the Army should have rated her as 30 percent disabled and separated her with physical disability retirement. Army personnel told her that she could file a claim with the Department of Veterans Affairs (DVA) after she was separated. She contacted the DVA and she was told that they were not familiar with the form that she needed.

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

Prior to the period of service under review, she served 4 years of active military service in the United States Navy. On 22 July 1980, she enlisted in the Regular Army and served continuously until separated with an honorable discharge on 6 March 1992 by reason of disability, with severance pay of $36,230.40.

The applicant served in military occupational specialty (MOS) 94B, Food Service Specialist, and MOS 71L, Administrative Specialist. The highest rank that she achieved was that of staff sergeant, pay grade E-6, on 7 October 1984. However, on 7 January 1992, she was reduced to sergeant, pay grade E-5, which was the rank she held at the time she was discharged.

The applicant's records do not contain the proceedings of her Medical Evaluation Board (MEB) or Physical Evaluation Board (PEB). However, the available evidence indicates that, on 6 December 1991, she was given an MEB that she and the appropriate authority signed on 9 December 1991.

On 24 January 1992, a PEB convened and recommended separation with a 20 percent disability rating and severance pay. On the same date, the applicant signed the PEB. The available evidence does not indicate whether she concurred or non-concurred with the findings and recommendation of the PEB, nor does it clearly specify the medical conditions for which the applicant received the 20 percent disability rating. However, her records do contain evidence that indicates she had a foot problem, she suffered from lower back pain and that she had plastic surgery on her right ear and her nose.

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A DA Form 3647 (Inpatient Treatment Record Coversheet), dated 18 December 1991, shows that the applicant was diagnosed to have "prominent ear bilateral. History of status post augmentation rhinoplasty with conchal cartilage graft and bilateral otoplasy using mutarade sutures and conchal. She felt that her auricles were too prominent; the right ear was less prominent than the left on inspection."

A DA Form 3647, dated 6 March 1992, shows that the applicant was diagnosed to have "bilateral hallux valgus of severe intensity with radiographic evidence of arthritic changes and mechanical low back pain without evidence of radiculopathy." Hallux valgus is a common foot deformity. It is caused by poor alignment of the metatarsophalangeal joint of the big toe. In some cases, the second toe may ride up and over, or down and under, the big toe. Bunions form and change the shape of the foot and the condition becomes painful when walking.

The applicant's records also contain message number 061835Z February 1992, from the Commander, US Total Army Personnel Command (PERSCOM) and Orders 37-27 from Headquarters United States Army Support Command-Hawaii, Fort Shafter, Hawaii, dated 11 February 1992, which indicate that she had a 20 percent disability rating and that she was authorized to be separated on 6 March 1992 with severance pay. Both documents also indicate that her disability did not result from a combat-related injury.

The applicant's DD Form 214 shows that, on 6 March 1992, she was separated from the service with an honorable discharge under the provisions of chapter 4, Army Regulation 635-40, for physical disability with severance pay. She received $36,230.40. She had completed a total of 11 years, 7 months, and 15 days of active military service on the period of enlistment under review. She had also completed 4 years of prior active military service.

Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his or her office, rank, grade or rating because of disability incurred while entitled to basic pay.

Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of active service or a disability rated at least 30 percent. Section 1203, provides for the physical disability separation of a member who has less than 20 years active service and a disability rated at less than 30 percent.

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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 applicant’s administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would have jeopardized her rights.

3. The applicant's contentions do not demonstrate error or injustice in the disability rating assigned by the Army. There is no medical evidence available to indicate that she had a medically unfitting disability at the time of separation that required a 30 percent disability rating or processing for physical disability retirement.

4. Eligibility for veteran's benefits does not fall within the purview of the Army Boards for Correction of Military Records. The applicant should contact the DVA with any concerns about veterans benefits.

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

__FNE __ __MKP__ ___LE __ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001061724
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020207
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19920306
DISCHARGE AUTHORITY	AR635-40
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.	136.0000
2.	145.0000
3.
4.
5.
6.