MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 17 JULY 2003
         DOCKET NUMBER: AR2002082768

         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. Deborah L. Brantley		Senior Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Ms. Regan K. Smith		Member
Mr. John T. Meixell		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: In effect, disability compensation from the Army. He also states that he would like all of his medical problems specified on his separation document.

APPLICANT STATES: He suffered from a variety of injuries and ailments while in the military, including a broken arm, heat stroke, back problem due to a fall, varicose veins, a hernia, alcohol problems, and that he was hospitalized for a psychiatric condition, and was abused while in the military. He states that his separation document does not reflect any of that information. In addition to his self-authored statements, he submits a copy of a 1990 statement from a physician indicating that the applicant was “disabled because of anxiety and depression and low back pain.” He also submits a copy of his membership certificate in the American Legion and an undated document indicating that he has an appeal pending with the Board of Veterans Appeal.

EVIDENCE OF RECORD: The applicant's military records were not available to the Board. However, the applicant’s extensive service medial records and a copy of his separation document were available. Those documents show:

The applicant was inducted and entered active duty on 17 May 1957.

His service medical records show that he was treated for “heat prostration” in June 1957 while undergoing training.

In August 1957, after completing basic training and returning from leave, the applicant fell down some stairs and was admitted to the hospital on 13 August 1957 with a diagnosis of a contusion to his back. He was subsequently referred, on 21 August 1957, to the Neuropsychiatry (NP) Service at Fort Riley, Kansas.

The applicant had been pending an administrative separation based on a
6 September 1957 neuropsychiatric examination which concluded that the applicant was suffering from a “schizoid personality” which was determined to have existed prior to his entry on active duty. However, upon admission to the NP Service, it was determined “as evidence accumulated for an underlying schizophrenic process, it was deemed advisable to separate him medically.”

The applicant underwent additional testing and evaluation and it was ultimately determined that he suffered from “schizophrenic reaction” which existed prior to his entry on active duty. Following completion of medical board proceedings, it was recommended that the applicant be discharged under the provisions of Army Regulation 635-40 based on his pre-existing medical condition.

On 17 October 1957, while still hospitalized, he was treated for a simple fracture to his left hand, which he sustained after hitting his hand on a metal bed.

The applicant remained hospitalized until his discharge on 24 October 1957.

Copies of the applicant’s service medical records, which documented his extensive hospitalization period, his treatment for heat prostration, back problem from his fall, and broken left hand, were forwarded to the Department of Veterans Affairs Regional Office in New York in January 1958.

There were no service medical records which noted that the applicant had been treated for varicose veins, a hernia, and alcohol problems, or that he had been abused while in the military.

Army Regulation 635-40 provides that hereditary, congenital, and other EPTS conditions frequently become unfitting through natural progression and should not be assigned a disability rating unless service aggravated complications are clearly documented or unless a soldier has been permitted to continue on active duty after such a condition, known to be progressive, was diagnoses or should have been diagnosed. Army Regulation 635-40 also provides that individuals who are unfit by reason of physical disability neither incurred nor aggravated during any period of service will be separated without entitlement to benefits.

Title 38, United States Code, sections 1110 and 1131, permits the VA to award compensation as they see fit. 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. A rating action by the VA does not mean that an error or injustice exists in an individual’s military records or that the basis for an individual’s separation was erroneous. The VA can evaluate a veteran throughout his or her lifetime, adjusting the percentage of disability based upon that agency's examinations and findings. Although the applicant provided no evidence to confirm that the VA is compensating the applicant for any of his service connected conditions, the existence of such evidence would not, in and of itself, serve as a basis to amended the applicant’s reason for separation from active duty.

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. The evidence available to the Board confirms that the applicant was discharged as a result of a pre-existing medical condition which rendered him unfit for continued military service. However, because the condition was neither incurred during, nor aggravated by, his military service, he is not entitled to any disability compensation from the Army.

2. The applicant’s other medical problems, including his broken hand, heat exhaustion, and back problem from a fall, are all well document in his service medical records. However, there was no evidence any of those conditions rendered him unfit for military service and as such would not have served as a basis for disability compensation. There was also no reason to list those conditions on the applicant’s separation document. The more appropriate venue for those conditions was the applicant’s service medical records, where they are recorded.

3. There was no evidence in available records, nor provided by the applicant, that he was treated for varicose veins, a hernia, and alcohol problems, or that he had been abused while in the military. In the absence of such evidence, there is no basis to add that information to the applicant’s service medical records.

4. 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.

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

__JHL __ __RKS__ __JTM __ DENY APPLICATION

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

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INDEX

CASE ID	AR2002082768
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20030717
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.