MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 9 August 2001
         DOCKET NUMBER: AR2001055554

         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. Wanda L. Waller		Analyst

The following members, a quorum, were present:

Ms. Irene N. Wheelwright		Chairperson
Mr. Fred N. Eichorn		Member
Ms. Gail J. Wire		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 honorable discharge be changed to a medical discharge.

APPLICANT STATES: In effect, that his induction medical examination shows that he was a diabetic prior to his entry into the Army. He also contends that his separation medical examination does not show that he had traces of sugar and albumin in his urine tests. In support of his application, he submits a letter, dated 1 February 2001, from a physician; a letter, dated 18 December 2000, from his counsel; a Hospital Summary, dated 27 April 1976, from the Department of Veterans Affairs (DVA); a copy of his DD Form 214 (Report of Transfer or Discharge); an Honorable Discharge Certificate, dated 30 June 1969; a copy of his birth certificate; a letter, dated 20 March 1984, from a physician; and DVA medical records.

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

On 11 April 1963, the applicant underwent an induction medical examination. The Report of Medical History, dated 11 April 1963, shows the applicant reported that he was a mild diabetic and that he had sugar or albumin in his urine. The applicant was found acceptable for induction into the Armed Forces with a physical profile of 111111.

The applicant was inducted on 15 July 1963 and trained as a medical specialist. He was honorably discharged on 3 July 1965 under the provisions of Army Regulation 635-205, for early separation of overseas returnee.

The applicant’s personnel records show that prior to his discharge on 3 July 1965, he underwent a separation medical examination on 15 May 1965 and was qualified for separation with a physical profile of 111111. The Report of Medical History, dated 15 May 1965, shows the applicant reported that he had sugar or albumin in his urine in item 20 (Have You Ever Had or Have You Now). Item
34 (G-U System) on the Report of Medical Examination, dated 15 May 1965, shows the entry “Albuminuria on several specimens - complete evaluation by Urology Clinic at the 97th Gen [General] Hosp [Hospital] during the past month revealed no significant urologic disease”. Item 45 (Urinalysis) on this report shows that an urinalysis conducted on 25 May 1965 was negative for albumin and sugar.

There is no evidence in the available medical records which shows the applicant was diagnosed with diabetes while on active duty.

The applicant provided a DVA Clinical Record, dated 27 April 1976, which shows he was diagnosed with minimal diabetes mellitus.

In the processing of this case, a staff advisory opinion was obtained from the Department of the Army Review Boards Agency Medical Advisors. Their opinion points out that the applicant’s military records are very clear in its documentation of the following events: (1) 1963 entry medical history is void of complaints consistent with diabetes; (2) 1965 separation medical examination is clear of findings consistent with diabetes; (3) 1965 urology work-up was normal;
(4) There are at least ten normal urine tests taken while on active duty; and
(5) There are no lab tests indicating diabetes was present while on active duty. In conclusion, the Medical Advisors found no evidence to support the applicant’s claim that his diabetes was service connected or aggravated.

On 12 June 2001, the advisory opinion was provided to the applicant for review and possible rebuttal. However, he did not respond within the given time frame.

Army Regulation 40-501, chapter 7, physical profiling, provides that the basic purpose of the physical profile serial system is to provide an index to the overall functional capacity of an individual and is used to assist the unit commander and personnel officer in their determination of what duty assignments the individual is capable of performing, and if reclassification action is warranted. Four numerical designations (1-4) are used to reflect different levels of functional capacity in six factors (PULHES): P-physical capacity or stamina, U-upper extremities, L-lower extremities, H-hearing and ears, E-eyes, and S-psychiatric. Numerical designator "1" under all factors indicates that an individual is considered to possess a high level of medical fitness and, consequently, is medically fit for any military assignment.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1. The Board considered the applicant’s contention that he was a diabetic prior to his entry into the Army. However, there is no medical evidence of record, and the applicant has provided no medical evidence, which shows that he was diagnosed with diabetes prior to his entry on active duty.

2. The applicant’s induction medical examination, dated 11 April 1963, shows that he reported he was a mild diabetic and had sugar or albumin in his urine. However, competent medical authority determined that he was then medically acceptable for induction into the Armed Forces with a physical profile of 111111.

3. The applicant’s contention that his separation medical examination does not show that he had traces of sugar and albumin in his urine is not supported by the evidence of record. Item 20 (Have You Ever Had or Have You Now) on his separation medical examination, dated 15 May 1965, shows that he reported he had sugar or albumin in his urine. However, item 45 (Urinalysis) on his separation medical examination shows the results of an urinalysis conducted on 25 May 1965 was negative for albumin and sugar.

4. At the time of the applicant’s separation medical examination, competent medical authority determined that the applicant was then medically qualified for separation with a physical profile of 111111. Accordingly, the applicant was separated from active duty for early separation of overseas returnee, not as the result of diabetes.

5. The applicant’s administrative separation was accomplished in compliance 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 all of the facts of the case.

6. 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 this requirement.

7. 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

INW____ FNE_____ GJW_____ DENY APPLICATION

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

---

INDEX

CASE ID	AR2001055554
SUFFIX
RECON
DATE BOARDED	20010809
TYPE OF DISCHARGE	(HD)
DATE OF DISCHARGE	19650703
DISCHARGE AUTHORITY	AR 635-205
DISCHARGE REASON	Early separation of overseas returnee
BOARD DECISION	(DENY)
REVIEW AUTHORITY
ISSUES 1.	108.0000
2.
3.
4.
5.
6.