APPLICANT REQUESTS: That his administrative medical discharge from the ARNG be corrected to a medical retirement.
APPLICANT STATES: He was not given a medical examination or compensation for his disability.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Army National Guard (ARNG) on 11 October 1991 with no prior service, was awarded the military occupational specialty of infantryman, and was promoted to pay grade E-3.
While assigned to an ARNG unit, the applicant submitted a civilian physicians statement, dated 26 February 1993, stating that he had a recurrent dislocation of his left shoulder and was scheduled for surgical repair of that shoulder within a few weeks.
On 17 March 1993 the applicant submitted a letter to his commander requesting that he be discharged due to his shoulder problems, stating that he would not be able to perform his military duties.
The applicants medical records were then reviewed by the Virginia ARNG State Surgeon who determined his recurrent shoulder dislocation was disqualifying for retention.
Accordingly, on 1 July 1993 the applicant was honorably discharged from the ARNG and as a reserve of the Army due to medical disqualification.
Title 10, United States Code, chapter 61, provides disability retirement or separation for a member who is physically unfit to perform the duties of his office, rank, grade or rating because of disability incurred while performing active or inactive (weekend drill) duty.
Army Regulation 135-178 sets forth the basic authority for the separation of enlisted personnel in the ARNG and USAR. Paragraph 12-1 prescribes the procedures for separating members for medical disqualification. This paragraph requires a member who is determined to be medically disqualified for retention to be discharged or transferred to the USAR Control Group (Retired) (regardless of years of service), unless the member requests, and is granted, a waiver.
The authority of the Board is applicable to the National Guard only in certain limited situations, such as when the Guard has been Federalized or when the subject matter of an application affects a persons status as a Reserve of the Army while a member of the National Guard of the United States.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The Board does not have the authority to change the type of separation the applicant received from the ARNG. However, the Board does have the authority to change his discharge from the USAR (when he was discharged as both a reservist and a guardsman) to a medical retirement.
2. However, there is no evidence that the applicants shoulder dislocation was service related.
3. As such, he was not entitled to be considered for medical retirement and was properly administratively discharged due to medical disqualification.
4. In addition, it is noted that the applicant himself requested that he be administratively discharged.
5. In view of the foregoing, there is no basis for granting the applicants 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
DENY APPLICATION
Karl F. Schneider
Acting Director
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