MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 February 2001                  
	DOCKET NUMBER:   AR2000046942

	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	
	Mr. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Ms. Margaret K. Patterson		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 the discharge he received at the expiration of his term of service (ETS) be corrected to a medical discharge.

APPLICANT STATES:  When he was performing his annual training with his Reserve unit, he was digging a bunker and passed out.  He was improperly treated for a herniated disc in his back, and the medication caused him to develop a stomach ulcer.  He was reimbursed for lost income at the time and was given medical treatment.  But that income and treatment has now terminated and he is still unable to work.

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

He enlisted in the Army National Guard (ARNG) on 29 January 1986 with no prior service.  He was awarded the military occupational specialty of combat engineer and was promoted to pay grade E-2.  On 11 April 1988 he was transferred to the USAR Control Group (Annual Training) as an unsatisfactory participant based on his failure to attend unit training.

On 19 March 1989 he was transferred from the USAR Control Group (Annual Training) to a USAR troop program unit.  On 23 May 1990 he was again transferred to the USAR Control Group (Annual Training) as an unsatisfactory participant based on his failure to attend unit training.

On 29 April 1991 he was transferred from the USAR Control Group (Annual Training) to a USAR troop program unit.  On 28 July 1992 he was for the third time transferred to the USAR Control Group (Annual Training) as an unsatisfactory participant based on his failure to attend unit training.

On 1 February 1994 the applicant was honorably discharged at his ETS.

The applicant’s Military Personnel Record Jacket does not contain any information or documentation pertaining to the applicant injuring his back or incurring any other disability while on a duty status.

Title 10, United States Code, Section 1206, provides for the placement of reservists on the Permanent Disability Retired List (PDRL) who incur a physical disability in the line of duty while serving on active duty in the USAR or ARNG for less than 30 days.  However, the disability must have been the proximate result of performing that active duty.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded:

1.  There is no evidence that the applicant injured himself as a proximate result of performing his duties in the USAR.  As such, he does not meet the statutory criteria for a medical retirement.

2.  While the Board is empathetic concerning the applicant’s inability to work, without some evidence that his disability is service connected there is nothing the Army can do to assist him.

3.  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

___fne __  ____mhm  ____mkp_  DENY APPLICATION

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

INDEX

CASE ID	AR2000046942	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010215	
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.	108.05	
2.		
3.		
4.		
5.		
6.