| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy Amos | Analyst |
| Mr. John N. Slone | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. Ronald E. Blakely | Member |
APPLICANT REQUESTS: That his general discharge be changed to a medical discharge.
APPLICANT STATES: That he became disabled with multiple sclerosis and was unable to complete his tour to term. Doctors’ statements were supplied to the administrative department of the Missouri Army National Guard (MOARNG). Because he was losing his health, his home and family, and his job and career, he was mentally and emotionally unstable and unable to pursue matters in a functional (sic) manner. Supporting evidence is as listed on the DD Form 149.
EVIDENCE OF RECORD: The applicant's military records show:
After having had prior service, he enlisted in the ARNG on 22 July 1982.
On 7 January 1989, the applicant tested positive for marijuana on a unit urinalysis.
On 30 August 1990, a board of officers was appointed to consider separating the applicant for misconduct. The board action is not available. Filed with the board appointment orders were several medical documents, including a document titled Nerve Conduction Studies and a notice dated 4 September 1990 from the Washington University School of Medicine indicating the applicant was unable to return to work until further notice.
On 13 August 1991, the applicant was discharged from the ARNG and as a Reserve of the Army, with a general discharge, under the provisions of National Guard Regulation 600-200, paragraph 8-26q (acts/patterns of misconduct) after completing a total of 17 years, 7 months, and 20 days of service for pay.
A Social Security Administration Notice of Decision dated 22 March 2000 found the applicant to have the severe impairments of multiple sclerosis, hepatitis C, and a history of polysubstance abuse (currently in remission).
National Guard Regulation 600-200 establishes policies for the management of ARNG enlisted soldiers. Paragraph 8-26q provides for the separation of a soldier for acts or patterns of misconduct, including abuse of illegal drugs.
Army Regulation 635-40 governs the evaluation of physical fitness of soldiers who may be unfit to perform their military duties because of physical disability. The regulation defines “physically unfit” as unfitness due to physical disability. The unfitness is of such a degree that a soldier is unable to perform the duties of his office, grade, rank or rating in such a way as to reasonably fulfill the purposes of his employment on active duty. It 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. 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.
2. The evidence of record shows that the applicant’s service was “interrupted” because of his misconduct, not because of his physical disability. Therefore, he was properly administratively, rather than medically, separated and, in the absence of evidence to the contrary, the Board presumes his administrative separation was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.
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
__jns___ __le____ __reb___ DENY APPLICATION
| CASE ID | AR2001060800 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010925 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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