PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            7 November 2000                  
	DOCKET NUMBER:   AR2000040551

	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	
	Mr. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Paula Mokulis 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  In effect, the applicant requests physical disability discharge.

3.  The applicant states that his automated separation document indicates that he received an honorable discharge; however, it should show that his discharge was for medical reasons.

4.  The applicant’s military records show that he entered on active duty on         21 August 1967.  He was released from active duty in the pay grade of E-4 on   29 March 1969 and transferred to the Army Reserve Control Group.  He was discharged in 1971.  

5.  On 15 March 1986 the applicant enlisted in the New York Army National Guard.  He served in that component until his discharge in 1994.

6.  A medical record of November 1993 indicates that the applicant had a history of diabetes.  A 7 November 1993 report of medical examination indicates that the applicant had a physical profile serial of 1 1 1 1 1 1.  That report also indicates that he had high blood pressure, and a high glucose and cholesterol level.  In the report of medical history he furnished for the examination, the applicant stated that he was on medication.

7.  In a 30 November 1993 memorandum the Chief of Health Services of the New York Army National Guard informed the applicant’s commander that the state surgeon had determined that the applicant did not meet medical retention standards and that he would have to be discharged from the National Guard.

8.  The applicant was discharged from the Army National Guard and as a Reserve of the Army on 21 March 1994.  His discharge order reflects that his discharge was honorable, and that the discharge was effected under the provisions of National Guard Regulation 600-200.  Item 23 of his automated separation document (akin to NGB Form 22) shows that the authority for his discharge is NGR 600-200, but does not show the reason.

9.  On 7 June 1994, in response to the applicant’s request for assistance in contesting his discharge from the National Guard, the Inspector General of the New York Army National Guard informed the applicant that his physical indicated a high glucose level and his subsequent visit to the VA confirmed a diagnosis of uncontrolled diabetes.  The prescription he was taking did not control his blood sugar level sufficiently, and he was not physically fit for retention.

10.  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 office, rank, grade or rating because of disability incurred while entitled to basic pay.

11.  Army Regulation 635-40, chapter 8, outlines the rules for processing through the disability system soldiers of the Reserve component who are on active duty for a period of less than 30 days or on inactive duty training; and outlines the criteria under which soldiers of the Reserve component, whether or not on extended active duty, apply for continuance in the active Reserve.

12.  Paragraph 8-2 states that soldiers of the Reserve components are eligible for disability processing from an injury determined to be the proximate result of performing annual training, active duty special work, active duty for training, etc.

13.  Paragraph 8-6 states that when a commander believes that a soldier not on extended active duty is unable to perform his duties because of physical disability, the commander will refer the soldier for medical evaluation.  Paragraph 8-6b states in effect, that the medical treatment facility will forward the medical evaluation board to the soldier’s unit commander for disposition under applicable regulations. 

14.  Paragraph 8-9 states in pertinent part that a soldier not on extended active duty who is unfit because of physical disability will be separated without benefits if the disability was not incurred or aggravated as the proximate result of performing annual training, active duty special work, active duty for training, inactive duty training, etc. 

15.  National Guard Regulation 600-200 provides for the discharge of soldiers from the National Guard and as a Reserve of the Army.  It provides for the types of discharge and characterization of service, and states in pertinent part that an Honorable Discharge is issued on NGB Form 55 to soldiers concurrently discharged from the ARNGUS and as a Reserve of the Army with honor.  Character of discharge and service is Honorable.  It states that the discharge order will be prepared in accordance with NGR 310-10 and that the reason for the discharge will not be entered on the discharge order.

16.  That regulation also provides for the preparation and issuance of NGB Form 22 (Report of Discharge and Record of Service) for every soldier being discharged from the ARNGUS, and states in pertinent part that the authority and reason for discharge with be entered in item 23 of that form.

CONCLUSIONS:

1.  The applicant was discharged from the Army National Guard and as a Reserve of the Army because of his medical condition, diabetes.  There is no medical evidence, nor has the applicant provided any, to show that his medical condition was incurred or aggravated as a result of his military service.  Therefore, and absent information to the contrary, he did not have any medically unfitting disability which required physical disability processing.  Consequently, there is no basis for physical disability retirement or separation.
   
2.  The applicant was unfit for retention because of his medical disability.  That information should have been entered in item 23 of his automated separation document. 

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That the applicant’s report of separation from the Army National Guard and as a Reserve of the Army show that the applicant was discharged because of his medical disability. 

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

___mhm_  ___gdp__  ___pm__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000040551	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001107	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  177	108.00	
2.	110.00	
3.		
4.		
5.		
6.