MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           25 September 2001                   
	DOCKET NUMBER:   AR2001060800

	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. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Ronald E. Blakely		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 general discharge be changed to a medical discharge.

APPLICANT STATES:  That he became disabled with multiple sclerosis and was unable to complete his tour to term.  Doctors’ statements were supplied to the administrative department of the Missouri Army National Guard (MOARNG).  Because he was losing his health, his home and family, and his job and career, he was mentally and emotionally unstable and unable to pursue matters in a functional (sic) manner.  Supporting evidence is as listed on the DD Form 149.

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

After having had prior service, he enlisted in the ARNG on 22 July 1982.  

On 7 January 1989, the applicant tested positive for marijuana on a unit urinalysis.

On 30 August 1990, a board of officers was appointed to consider separating the applicant for misconduct.  The board action is not available.  Filed with the board appointment orders were several medical documents, including a document titled Nerve Conduction Studies and a notice dated 4 September 1990 from the Washington University School of Medicine indicating the applicant was unable to return to work until further notice.

On 13 August 1991, the applicant was discharged from the ARNG and as a Reserve of the Army, with a general discharge, under the provisions of National Guard Regulation 600-200, paragraph 8-26q (acts/patterns of misconduct) after completing a total of 17 years, 7 months, and 20 days of service for pay.  

A Social Security Administration Notice of Decision dated 22 March 2000 found the applicant to have the severe impairments of multiple sclerosis, hepatitis C, and a history of polysubstance abuse (currently in remission).

National Guard Regulation 600-200 establishes policies for the management of ARNG enlisted soldiers.  Paragraph 8-26q provides for the separation of a soldier for acts or patterns of misconduct, including abuse of illegal drugs.

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.  It 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 is interrupted and they can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. 

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.  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 this requirement.

2.  The evidence of record shows that the applicant’s service was “interrupted” because of his misconduct, not because of his physical disability.  Therefore, he was properly administratively, rather than medically, separated and, in the absence of evidence to the contrary, the Board presumes his administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

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

__jns___  __le____  __reb___  DENY APPLICATION

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

INDEX

CASE ID	AR2001060800	
SUFFIX		
RECON		
DATE BOARDED	20010925	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	108.00	
2.		
3.		
4.		
5.		
6.