IN THE CASE OF: BOARD DATE: 1 December 2015 DOCKET NUMBER: AR20140012484 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 correction of his records to show he was medically discharged from the U.S. Army Reserve (USAR). 2. The applicant states his records should be corrected to show he was medically discharged due to his diagnosis of type 1 (insulin-dependent) diabetes. He was diagnosed with type 1 diabetes on 3 August 2013 while serving in the USAR. He was given an honorable discharge on 7 June 2014 with a severe medical condition. He is insulin dependent and has to take multiple injections daily. This is a lifelong disease for which there is no cure. 3. The applicant provides: * memorandum from the Department of Veterans Affairs (VA) Hines Hospital Diabetes Clinic, dated 31 March 2014 * VA progress notes, dated 6 August 2013 * DA Form 3349 (Physical Profile), dated 10 April 2014 CONSIDERATION OF EVIDENCE: 1. The applicant was born on 27 May 1988. 2. He enlisted in the USAR on 10 May 2012 in pay grade E-3 and he was assigned to the 334th Quartermaster Company, Elwood, IL. 3. He entered active duty for training (ADT) on 29 May 2012. He was honorably released from ADT on 10 August 2012 in pay grade E-3. He completed 2 months and 12 days of active service during this period. His DD Form 214 does not show he was awarded a military occupational specialty. 4. He provided VA progress notes, dated 6 August 2013. The notes show he was admitted on 3 August and was discharged on 6 August 2013. He was diagnosed with diabetic ketoacidosis (present on admission). The treating physician noted he reviewed the applicant's complete prescription profile and discussed changes with the applicant. The notes show the applicant was scheduled for a future orthopedic appointment on 28 August 2013 and an ear, nose, and throat/sinus appointment on 30 September 2013. 5. He provided a memorandum from the Hines VA Hospital Diabetes Clinic, dated 31 March 2014. The nurse practitioner states the applicant was diagnosed with type I insulin-dependent diabetes mellitus on 3 August 2013. This is a life-long (chronic) disease for which there is no cure and life cannot be sustained without insulin. 6. He provided a DA Form 3349, dated 10 April 2014, showing he was assigned a permanent physical rating of 3 under the physical capacity or stamina factor for the medical condition of type I diabetes mellitus. The functional limitations comments stated the applicant indicated a complete inability to perform any Soldier skills or Army Physical Fitness Test events. 7. The complete facts and circumstances surrounding his discharge from the USAR are not available for review. However, his records contain Headquarters, 88th Regional Support Command, Orders 14-128-00032, dated 8 May 2014, honorably discharging him from the USAR effective 7 June 2014 in pay grade E-3 under the provisions of Army Regulation 135-178 (Enlisted Administrative Separations). The additional instructions state: "Loss reason JA due to no fault of the Soldier." 8. Army Regulation 680-29 (Military Personnel, Organization, and Type of Transaction Codes) prescribes the data code structures used to report and record personnel data via the automated Personnel Information System. Transfer-type reason code JA applies to individuals who are medically disqualified not as a result of their own misconduct. 9. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation for physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability. It establishes the Army Physical Disability Evaluation System according to the provisions of Title 10, U.S. Code, chapter 61, and Department of Defense Directive 1332.18. It sets forth policies, responsibilities, and procedures that apply in determining whether a Soldier is unfit because of physical disability to reasonably perform the duties of his or her office, grade, rank, or rating. If a Soldier is found unfit because of physical disability, this regulation provides for disposition of the Soldier according to applicable laws and regulations. The mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating. a. Chapter 3 states that under the laws governing the Army disability system, Soldiers who sustain or aggravate physically-unfitting disabilities must meet the following line-of-duty criteria to be eligible to receive retirement and/or severance pay benefits: * the disability must have been incurred or aggravated while the Soldier was entitled to basic pay or as the proximate cause of performing active duty or inactive duty training (IDT) * the disability must not have resulted from the Soldier's intentional misconduct or willful neglect and must not have been incurred during a period of unauthorized absence b. Chapter 3 also states 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 who can no longer continue to reasonably perform because of a physical disability incurred or aggravated in service. The mere presence of impairment does not, of itself, justify a finding of unfitness because of physical disability. In each case, it is necessary to compare the nature and degree of physical disability present with the requirements of the duties the Soldier reasonably may be expected to perform because of his or her office, grade, rank, or rating. c. Chapter 8 outlines the rules for processing Soldiers of the Reserve Components (RCs) through the disability system who are on active duty for a period of less than 30 days or are performing IDT. Soldiers of the RCs eligible for processing under this paragraph are those who incur a disability from an injury determined to be the proximate result of performing: (1) annual training, active duty for special work, ADT with or without pay, or temporary tours of active duty under a call or order that specifies a period of 30 days or less; and/or (2) IDT, including IDT without pay under competent orders. While en route to or from IDT, a Soldier of the RCs is not performing duty; therefore, Reserve Soldiers who incur injuries while in a travel status to IDT are not eligible for referral into the disability system. However, in exceptional cases, where there is evidence that the Soldier may actually be performing duty while in a travel status, the case should be referred to the physical evaluation board (PEB) for consideration of eligibility. d. Chapter 8 also states that when a commander or other proper authority believes a Soldier not on extended active duty is unable to perform the duties of his or her office, grade, rank, or rating because of physical disability, the commander will refer the Soldier for medical evaluation according to Army Regulation 40-501 (Standards of Medical Fitness). A Soldier not on extended active duty who is unfit because of physical disability will be separated without benefits if the disability was not incurred or aggravated as the proximate result of performing duty. 10. Army Regulation 40-501 governs medical fitness standards for enlistment, induction, appointment (including officer procurement programs), retention, and separation (including retirement). Once a determination of physical unfitness is made, a PEB rates all disabilities using the VA Schedule of Rating Disabilities. a. Chapter 3 provides the various medical conditions and physical defects which may render a Soldier unfit for further military service. Soldiers with conditions listed in this chapter who do not meet the required medical standards will be evaluated by a medical evaluation board (MEB) and will be referred to a PEB. b. Paragraph 3-11 states diabetes insipidus requiring the use of medication for control and diabetes mellitus, unless hemoglobin A1c can be maintained at less than 7 percent using only lifestyle modifications (e.g., diet, exercise), are causes for referral to an MEB. DISCUSSION AND CONCLUSIONS: 1. The applicant served in the USAR from 10 May 2012 to 7 June 2014. Although the complete facts and circumstances surrounding his discharge are not available for review, his records show he was diagnosed with type I insulin-dependent diabetes mellitus – a medical condition that was neither incurred nor aggravated by military service. 2. It also appears his medical records were reviewed by appropriate medical officials who determined he did not meet USAR retention standards in accordance with Army Regulation 40-501. Because this congenital condition was not incurred or aggravated while he was entitled to basic pay or as the proximate cause of performing active duty or IDT, he was separated without benefits. 3. He has not shown he has a disability that was incurred or aggravated while he was entitled to basic pay or as the proximate cause of performing active duty or IDT. He does not meet the criteria for a disability discharge. 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 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) AR20140012484 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140012484 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1