| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Ms. Kathleen A. Newman | Chairperson | |
| Ms. Gail J. Wire | Member | |
| Mr. Patrick H. McGann, Jr. | Member |
APPLICANT REQUESTS: In effect, disability retirement or separation.
APPLICANT STATES: That upon separation he filed a claim with the Department of Veterans Affairs (VA) and was granted a 60 percent service connected disability rating. He believes he should have received a medical retirement. In support of his request he submits copies of his VA rating decision, and a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 10 July 1992 for a period of
3 years. He successfully completed basic and advanced individual training at Fort Jackson, South Carolina.
He completed the Primary Leadership Development Course (PLDC) on
3 October 1997. On 23 October 1998, he reenlisted for an additional 2 years.
The applicant’s non-commissioned officer evaluation reports (NCOER’s) for the periods April 1998 through December 1998 and January 1998 through December 1999, show that he passed his Army physical fitness tests (APFT’s) and make no mention of a temporary or permanent physical profile, or his having any medical problems.
On 22 October 2000, the applicant was honorably discharged under the provisions of Army Regulation 635-200, chapter 4, for completion of required active service. His DD From 214 indicates he had 8 years, 3 months and
13 days of active service.
On 15 February 2001, subsequent to his separation, he was granted a combined service connected disability rating of 60 percent by the VA for a variety of ailments, including sprains, tendonitis and migraine headaches.
Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel. Chapter 4 of that regulation provides, in pertinent part, for the separation of personnel upon termination of enlistment and other periods of active duty or active duty for training.
Title 10, United States Code, section 1203, provides for the physical disability separation of a member who has less than 20 years service and a disability rated at less than 30 percent.
Title 10, United States Code, section 1201, provides for the physical disability retirement of a member who has at least 20 years of service or a disability rated at least 30 percent.
Title 38, United States 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. Furthermore, unlike the Army the VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings.
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. There is no evidence in the available records to indicate the applicant had any medically unfitting disability which required physical disability processing. Therefore, there is no basis for physical disability retirement or separation.
2. A rating action by the VA does not necessarily demonstrate any error or injustice by the Army. The VA, operating under its own policies and regulations, assigns disability ratings as it sees fit. Any rating action by the VA does not compel the Army to modify its reason or authority for separation.
3. 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 that requirement.
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
___KAN_ ___GJW _ ___PHM_ DENY APPLICATION
| CASE ID | AR2002071007 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20030123 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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