MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           09 JULY 2002                   
	DOCKET NUMBER:   AR2002067928

	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. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Ms. Joann Langston		Chairperson	
	Mr. Thomas B. Redfern III		Member	
	Mr. Roger W. Able		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, disability retirement or separation.

APPLICANT STATES:  That he feels he should be granted a medical discharge for his diabetes, since it was the reason for his discharge after 12 years of Reserve service.

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

The applicant enlisted in the U.S. Army Reserve on 18 August 1983, and was ordered to active duty for training on 1 September 1983.  He was released from active duty on 2 December 1983 and transferred the Ready Reserve.

On 3 May 1995, he enlisted in the Florida National Guard for one year.

The facts and circumstances concerning the applicant’s discharge are not in his available records.  However, an automated copy of the applicant’s National Guard Bureau Report of Separation and Record of Service (NGB Form 22) indicates he was honorably discharged from the Army National Guard on 
14 September 1995, under the provisions of National Guard Regulation 600-200, paragraph 8-26y and Army Regulation 40-501, paragraph 3-11(d) and 3-41c(2).

On 13 January 1994, a medical examination shows that the physician recommended that the applicant be evaluated for diabetes.  His request was based on the fact that the applicant required the use of insulin and constant access to diabetic medication and diet, causing a problem during deployment because of the need for the insulin to be refrigerated.  

A health record document submitted by the applicant dated 11 July 1995, indicates he had been medically evaluated and a determination made that he was not eligible for retention in accordance with Army Regulation 40-501, paragraphs 3-11(d) and 3-41c(2).

Title 10, United States Code provides for disability processing of Reserve Component soldiers who incur or aggravate an injury or disease in the line of duty while performing inactive or active duty for training.  

Army Regulation 635-40 states, in effect, that Reserve Component soldiers will be separated from the Reserves when they no longer meet medical retention standards.  Such separation will be without benefits if the unfitting condition was not incurred or aggravated as the proximate result of performing annual training, active duty special work, active duty for training, or inactive duty training.

Department of Defense Instruction Number 1332.38, Subject: Physical Disability Evaluation, states that a service member shall be considered unfit when the evidence establishes that the member, due to physical disability, is unable to reasonably perform the duties of his or her office, grade, rank, or rating.

Army Regulation 635-40 also 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.  The evidence indicates that the applicant was separated from the Army National Guard as a result of Diabetes Mellitus which was “not incurred or aggravated as the proximate result of performing annual training, active duty special work, active duty for training, or inactive duty training.”  As a result he was not entitled to any benefits.

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.  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

__JL____  __TBR __  __RWA__  DENY APPLICATION

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

INDEX

CASE ID	AR2002067928	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020709	
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.	108.00	
2.		
3.		
4.		
5.		
6.