MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            8 March 2001                  
	DOCKET NUMBER:   AR2000045446

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Roger W. Able		Chairperson	
	Ms. Barbara J. Lutz		Member	
	Mr. William D. Powers		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)

APPLICANT REQUESTS:  That his discharge be changed to a medical discharge.

APPLICANT STATES:  That during summer camp in June 1997 he was found to have medical problems.  The military doctors recommended he be examined by his local doctors.  His doctors found he had high blood pressure, sugar in his blood, and a bad EKG examination.  He was hospitalized for 32 days in 1998 for a pancreatic attack and removal of gallstones.  He was diagnosed with diabetes and required to take high blood pressure pills.  The Texas Army National Guard (TXARNG) incorrectly discharged him during his second stay in the hospital.

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

After having had prior service in the Regular Army and Reserve components, he enlisted in the TXARNG on 1 July 1991 for 1 year.  On 1 June 1992, he extended his contract for a period of 6 years, making his expiration term of service (ETS) 30 June 1998.

On 10 June 1997, while on annual training, the applicant completed an over-40 physical examination.  He was found to have early hearing loss, high blood pressure, and an abnormal EKG.  It was recommended he use hearing protection and obtain a cardiac evaluation.  His physical profile serial was listed as 211211 (2s in the physical capacity and hearing categories).  He was determined to be qualified for retention.

A letter from the applicant’s civilian doctor dated 19 May 1998 noted that he was currently being treated for insulin-dependent diabetes mellitus which he developed over the past 9 months with complications of pancreatitis and adult respiratory distress syndrome.

On 30 June 1998, the applicant was discharged from the TXARNG upon his ETS.  His Report of Separation and Record of Service, NGB Form 22, shows that he had completed a total of 17 years of service for pay.

The applicant’s Army National Guard Retirement Points History Statement shows that while he served 17 years in the military he completed only 9 qualifying years for a non-regular retirement.

Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability.  The regulation defines “physically unfit” as unfitness due to physical disability.  The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty.  Chapter 8 outlines the rules for processing through the disability system soldiers of the Reserve components who are on active duty for a period of less than 30 days or on inactive duty training.  A change in the law in 1986 provided for disability processing of soldiers who incur or aggravate an injury or disease in the line of duty while performing inactive or active duty training.  Referral for processing does not mean an automatic entitlement to disability compensation.  Once referred, a determination must be made whether the disease was the proximate result of performing duty.  Proximate result establishes a casual relationship between the disability and the required military duty.  

Title 10, U. S. Code, section 12731 provides that a non-regular service member is entitled, upon application, to retired pay if the person is at least 60 years of age; has performed at least 20 years of qualifying service; and, having completed the service requirement during the period beginning on 1 October 1994 and ending on 30 September 2001, shall have performed the last six years of qualifying service while a member of a reserve component.

Title 10, U.S. Code, section 12731a is the temporary special retirement qualification authority.  It provides that, during the period 1 October 1991 through 30 September 2001, a member of the Selected Reserve who has completed at least 15, and less than 20, years of qualifying service may, upon the request of the member, be transferred to the Retired Reserve.  

Army Regulation 135-178 establishes policies governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the U. S. Army Reserve.  In pertinent part it states that upon ETS, the soldier will be discharged by the separation authority.

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 of Government error in this case.

2.  The applicant was found qualified for retention on 10 June 1997.  The Board notes that by May 1998 he was found to have insulin-dependent diabetes; however, there is no evidence to show that his diabetes was the proximate result of his performing duty.  There is no evidence to show that his other conditions were unfitting or the proximate result of his performing duty.  

3.  The Board notes that the applicant only completed 9 qualifying years for non-regular retirement.  He was not eligible for either a 20-year non-regular retirement or a 15-year temporary early non-regular retirement.

4.  The Board concludes that the applicant was properly discharged.  Given there appears to have been no medical reason to hold him for disability processing, he was required to be discharged upon his ETS of 30 June 1998.

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

__rwa___  __bjl___  __wdp___  DENY APPLICATION

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

INDEX

CASE ID	AR2000045446	
SUFFIX		
RECON		
DATE BOARDED	20010308	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.