RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 NOVEMBER 2005
      DOCKET NUMBER:  AR20050004229


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |


The following members, a quorum, were present:

|     |Mr. Thomas Pagan                  |     |Chairperson          |
|     |Mr. Eric Andersen                 |     |Member               |
|     |Mr. Joe Schroeder                 |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his discharge be changed to a medical
discharge.

2.  The applicant states, in effect, that he was given an honorable
discharge but, feels that it should have been a medical discharge.  He said
that he has a 40 percent service connected disability through Veterans
Affairs (VA) from the Gulf War with more claims pending.  The applicant
maintains that he was unaware of the Medical Evaluation Board (MEB) and was
not advised of their procedures.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), VA Rating Decision, three copies
of DA Form 2173 (Statement of Medical Examination and Duty Status), 4 pages
from his medical records, DA Form 3345 (Physical Profile), 4 pages of
diagnosis from the Advanced Imaging Center.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows he enlisted in the United States Army
Reserve (USAR) on 8 December 1977.  He entered active duty on 14 March 2003
in support of Operation Enduring/Iraqi Freedom (OIF) and was separated on
18 May 2004.

2.  On 12 February 2003, the applicant received a permanent profile (P2)
for “left knee and hip post traumatic arthritis.”

3.  The Statement of Medical Examination and Duty Status verified that the
applicant was seen on three separate occasions for injuries occurred while
in support of OIF.  Two of the incidents involved injuries to the
applicant’s T-spine and L-spine which occurred on 12 May 2003 and 19 July
2003.  The other incident involved an injury to his left elbow and shoulder
which occurred in November 2003.

4.  The applicant’s medical records dated 4 April 2004, lists the
applicant’s major complaints of left shoulder, elbow, hip, and knee pain,
and T-spine and L-spine injury.  The physician assistant stated that he has
reviewed the findings with the applicant and has advised him concerning x-
rays of the shoulder, spine and hip.  Follow-up after x-rays “may REFRAD if
satisfactory."  On 5 April 2004, the physician assistant reviewed the x-
rays.

5.  The applicant was seen at the Advanced Imaging Center on two separate
occasions.  On 26 July 2004, he received a MRI on his left shoulder.  On 3
November 2004, a MRI was conducted on the applicant’s right shoulder and a
CT Scan was performed on his lumbar spine.  The MRIs were conducted after
the applicant was separated from the military.

6.  The VA rating decision, dated 16 November 2004, shows that the
applicant received a 10% rating for four out of the five areas:  right
shoulder, low back, tinnitus, and scapular dyskinesis with left shoulder
impingement syndrome.  He was rated 0% for his bilateral hearing loss.  VA
noted that four areas were “Service Connected, Gulf War, Incurred” and that
the right shoulder was “Service Connected, Gulf War, Presumptive.”  He
received a combined VA disability rating of 40 percent.

7.  Army Regulation 635-40, (Physical Evaluation for Retention, Retirement,
or Separation) states that disability compensation is not an entitlement
acquired by reason of service-incurred illness or injury; rather, it is
provided to Soldiers whose service interrupted and they can no longer
continue to reasonably perform because of a physical disability incurred or
aggravated in service.  When a Soldier is being processed for separation
for reasons other than physical disability, continued performance of
assigned duty commensurate with his or her rank or grade until Soldier is
scheduled for separation, is an indication that the individual is fit.

8.  Additionally, paragraph 4-8 states that when a commander believes that
a Soldier of his or her command is unable to perform the duties of his or
her office, grade, rank, or rating because of physical disability, the
commander will refer the Soldier to the responsible MTF for evaluation.
The request for evaluation will be in writing and will state the
commander's reasons for believing that the soldier is unable to perform his
or her duties. DD Form 689 (Individual Sick Slip) may be used for such
referral.

9.  Title 38, United States Code, sections 1110 and 1131, 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.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant’s P2 profile for his left knee and hip
was rendered prior to his deployment and subsequent injuries which occurred
while he was deployed.  His medical records show that he was seen and had x-
rays taken for his chief complaints involving his spine, shoulder, and hip
prior to his separation.  There is no medical evidence, and the applicant
did not provide any, that showed he was medically unfit and required
physical disability processing.

2.  The applicant offers the fact that he was awarded a 40 percent
disability rating from VA as proof that he should have received a
disability separation.  The Board acknowledges that VA is not required by
law to determine medical unfitness for further military service.  The VA
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, the applicant'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 him for VA benefits based on an evaluation by
that agency.

3.  Additionally, an award of a VA rating does not establish entitlement to
medical retirement or separation.  The VA is not required to find unfitness
for duty.  Operating under its own policies and regulations, the VA awards
ratings because a medical condition is related to service, i.e., service-
connected.  Furthermore, the VA can evaluate a veteran throughout his
lifetime, adjusting the percentage of disability based upon that agency's
examinations and findings.  The Army must find unfitness for duty at the
time of separation before a member may be medically retired or separated.

4.  No medical evidence has been presented by the applicant to demonstrate
an injustice in the medical treatment received in service.  Absent evidence
to the contrary, the applicant was physically fit at the time of his
discharge in May 2004. He has provided no evidence to indicate otherwise.
Consequently, there is no basis for granting the applicant's request to
correct his records to show that he was discharged for medical reasons.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TP____  __EA ___  __JS  ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





                                  _____ Thomas Pagan________
                                             CHAIRPERSON



INDEX

|CASE ID                 |AR20050004229                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051122                                |
|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.       |144.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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