IN THE CASE OF: BOARD DATE: 19 November 2015 DOCKET NUMBER: AR20150003654 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests to be reinstated in the United States Army Reserve (USAR). 2. The applicant states: a. He was honorably discharged from the USAR effective 1 February 2015, due to the decision of a formal Physical Evaluation Board (PEB). The PEB decision was based on his diagnosis of diabetes mellitus type II. The PEB determined that he would be incapable of deploying due to fact that he is insulin dependent and the insulin must be refrigerated. The PEB determined that this would require unreasonable accommodation. b. He provided the PEB with statements from other Soldiers who had observed him carrying out his duties without accommodation. He also provided the PEB examples of duties he had performed. He discussed with the PEB how diabetes was one of the most common and manageable illnesses and that there are new treatments and medications coming out all the time. Based on his research, experience, the opinion of his personal physician, and the opinions of his colleagues, he disagreed with the findings of the PEB. c. He served as a 91L (Heavy Equipment Construction Repairer) in the USAR. As a civilian, he is employed as a Military Technician Heavy Mobile Equipment Repairer. In his civilian job he is expected to perform his duties up to military standard and he does so without any accommodation. His job provides him with adequate time to perform physical fitness throughout the week, which is important for a Soldier and a diabetic. d. He currently takes insulin and two oral medications daily. At the time of his PEB his A1C was 11.2 and he had just started taking insulin and he was taking three oral medications. Since that time, he has lowered his A1C to 8.0. He and his doctor have discussed using an insulin pump which provides a steady stream of insulin throughout the day as well as extra dosing to prevent sugar spikes. e. Many insulin pumps have sensors that monitor blood sugar throughout the day and report the findings to either a built-in glucose monitor or an external monitor which then alerts the person via sound or vibration of c change in the current reading. Other than insulin pumps, there is a new disposable insulin pen that lasts over 40 days out of refrigeration as well as a new oral medication that blocks a majority of the sugar that the body intakes and expels it from the body in the form of urine. f. In his research he has found that he may not have to take insulin for the rest of his life. Even if he stays on insulin the rest of his life, there is no reason he cannot serve in the Army. Since the time of his hearing, he has learned about active duty Soldier Sergeant First Class (SFC) Mark T_____ , who deployed to Iraq in 2004 with an insulin pump. Just as he had, SFC T____, developed diabetes while in the service, was in excellent physical condition and otherwise in good health. SFC T____ was able to effectively complete a 12 month deployment to Iraq and received a Bronze Star Medal for his service. g. Prior to his diagnosis, he attended 29 days of annual training with his unit in Fort Hunter Ligget, living in an austere environment during the summer of 2012. He went to the National Training Center in Fort Irwin, CA for 29 days during the summer of 2013, in preparation for deployment to Afghanistan; however, he was unwillingly pulled from the deployment roster four days before mobilization after he informed the Army that he was diabetic. After that he was given a profile which stated that he could not live in an austere environment. He was then attached to the unit’s rear detachment to carry out his normal USAR duties. During the summer of 2014, he was approached by his leadership to take charge of a labor intensive detail cleaning and turning equipment which took two months. h. After his formal PEB in September 2014, he expressed that he was displeased with the decision and he wanted to fight it. Since October, he has not heard from his counsel or case manager in regard to his status. He had been in contact with them via email through the entire process with updates on his medical information. Neither he nor his unit was informed that he had been issued discharge orders until he showed up for battle assembly on 7 February 2015. 3. The applicant provides: * DA Form 199-1 (Formal Physical Evaluation Board (PEB) Proceedings) * self-authored statement * orders CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the USAR on 8 November 2007. He entered active duty on 19 August 2008, for initial entry training. He was awarded military occupation specialty 62B (Construction Equipment Repairer). 2. On 6 March 2009, he was released from active duty and transferred back to his USAR unit. He completed 6 months and 18 days of net active service this period. 3. Orders 13-143-00031, issued by 416th Theater Engineer Command, Darien IL, dated 23 May 2013, ordered him to active duty in support of Operation Enduring Freedom. However, he states that he did not deploy due to his medical condition. 4. On 18 September 2014, a formal PEB convened, considered his case, and found he was physically unfit and would be referred for case disposition under Reserve Component regulations. a. The PEB determined he was physically unfit due to diabetes mellitus, type II. b. The PEB noted that he was on 3 different oral medications plus 2 injections of insulin daily. His diabetes remained very poorly controlled and because of that he was at significant risk for complications of hyperglycemia such as infections and hyperosmolar coma. Because he was on insulin, he was at risk for hypoglycemia reactions particularly in an austere environment. It also noted that the unpredictable nature of the austere environment would put him at risk for hypoglycemia and loss of consciousness and continued service in the military presented a medical risk to the Soldier. c. On 22 September 2014, he did not concur with the PEB's findings and indicated that he submitted a written appeal. However, his written appeal is not available for review. 5. Orders 15-020-00118, issued by Headquarters, 88th Regional Support Command, Fort McCoy, WI, dated 20 January 2015, show he was discharged from the USAR effective 1 February 2015. 6. Army Regulation 135-178 (Army National Guard and Army Reserve – Enlisted Separations) establishes policies, standards, and procedures governing the administrative separation of enlisted Soldiers from the Reserve Components. Chapter 15 provided guidance for separation of Soldiers who were medically unfit for retention. It stated discharge would be accomplished when it had been determined that a Soldier was no longer qualified for retention by reason of medical unfitness under the provisions of Army Regulation 40-501. DISCUSSION AND CONCLUSIONS: 1. The applicant contends he should be reinstated in the USAR because his diabetes mellitus, type II would not hinder his service in the USAR; however, a formal PEB found that he was physically unfit for continued service in the USAR. 2. The governing Reserve Component Regulation provides that discharge will be accomplished when it is determined that a Soldier is no longer qualified by reason of medical unfitness. 3. He contends that his diabetes mellitus, type II is now under control; however, at the time of the PEB, it was noted that his condition was poorly controlled. Furthermore, he admits that he is still taking insulin and two oral medications to control his diabetes mellitus, type II. 4. The applicant is advised that if he desires to reenter military service, he should contact a local recruiter who can best advise him on his eligibility for returning to military service. Those individuals can best advise a former service member as to the needs of the service at the time and may process enlistment waivers if applicable. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____X___ ____X___ ____X___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20150003654 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003654 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1