MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:           09 APRIL 2002                    
	DOCKET NUMBER:   AR2002067010

	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	
	Ms. Deborah L. Brantley		Senior Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Donald P. Hupman, Jr.		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:  In effect, that his military records be corrected in such a way that he would be recognized as a military veteran for benefit purposes and that he would be permitted to reenlist.

APPLICANT STATES:  He was "in" the Army and was considered a soldier in training.  He notes that he joined the Army, passed his physical, and after his diabetes was discovered he signed medical waivers to "keep [him] in."  He states that he "just discovered that [he is] a veteran, and deserve[s] to be treated as such, with benefits."  He submits no evidence in support of his request.  

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

He entered active duty on 17 November 1981 at the age of 23.  His entrance physical examination was not part of records available to the Board.

On 21 November 1981, while undergoing training, the applicant was admitted to Noble Army Hospital "in a moderately severe diabetic ketoacidosis."  

A narrative summary, completed as part of his medical evaluation, noted that the applicant had been insulin depended since age 14 and at the time of his entry on active duty was on "70 units of NPH per day."  The summary indicated that he had a positive glucose test during his enlistment processing, but was told to drink plenty of fluids and not to eat anything before returning the following day to be tested again.  The following day his urine showed no glucose and he was accepted for enlistment.  

The applicant indicated during his medical evaluation in November 1981 that he thought being on active duty, with vigorous exercise and diet, his diabetes would be cured and he stopped taking his insulin after reporting to the reception station. The applicant was diagnosed with diabetes mellitus and the evaluating physician recommended the applicant be discharged as a result of his unfitting medical condition, which existed prior to his enlistment and was not aggravated by his military service.

Although the applicant initially indicated that he did not want to be separated from the military, on 25 November 1981 he requested discharge as a result of his medical condition and waived his right to further disability processing.  He noted in his request that he understood that he would be separated by reason of a pre-existing medical condition and that the Veterans Administration would determine entitlement to VA benefits.

The applicant was honorably discharged on 29 December 1981 under the provisions of Army Regulation 635-40, chapter 5 (physical disability existing prior to entering service).

Army Regulation 635-40, Chapter 5, provides for the separation of an enlisted soldier for non-service aggravated medical conditions, which existed prior to the soldier's entry on active duty when the soldier waives his entitlement to further disability processing.

Generally, a honorable or general discharges qualifies a veteran for most VA benefits.  However, the final determination of entitlement to such benefits is strictly within the jurisdiction of the VA.

Army Regulation 601-210, which establishes the policies and provision for enlistment in the Army, states that any applicant who was last separated or discharged from any component of the Army Forces for medical reasons with or without disability entitlement will require a waiver to enlist.  The regulation also notes other criteria that an individual must meet in order to enlist, including age, education, and moral standards.

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.  The applicant’s discharge was accomplished in accordance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.  The type of discharge directed and the reasons therefore were appropriate considering the facts of the case.

2.  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 that requirement.

3.  The actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

4.  The applicant is advised to contact his servicing VA office and local Army recruiter for assistance in determining eligibility for VA benefits or enlistment in the Army.

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

__RVO__  __RJW __  __DPH__  DENY APPLICATION

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

INDEX

CASE ID	AR2002067010	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020409	
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.	110.00	
2.		
3.		
4.		
5.		
6.