| Mr. Carl W. S. Chun | Director | |
| Ms. Gale J. Thomas | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Thomas B. Redfern III | Member | |
| Mr. Roger W. Able | Member |
APPLICANT REQUESTS: In effect, disability retirement or separation.
APPLICANT STATES: That he feels he should be granted a medical discharge for his diabetes, since it was the reason for his discharge after 12 years of Reserve service.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the U.S. Army Reserve on 18 August 1983, and was ordered to active duty for training on 1 September 1983. He was released from active duty on 2 December 1983 and transferred the Ready Reserve.
On 3 May 1995, he enlisted in the Florida National Guard for one year.
The facts and circumstances concerning the applicant’s discharge are not in his available records. However, an automated copy of the applicant’s National Guard Bureau Report of Separation and Record of Service (NGB Form 22) indicates he was honorably discharged from the Army National Guard on
14 September 1995, under the provisions of National Guard Regulation 600-200, paragraph 8-26y and Army Regulation 40-501, paragraph 3-11(d) and 3-41c(2).
On 13 January 1994, a medical examination shows that the physician recommended that the applicant be evaluated for diabetes. His request was based on the fact that the applicant required the use of insulin and constant access to diabetic medication and diet, causing a problem during deployment because of the need for the insulin to be refrigerated.
A health record document submitted by the applicant dated 11 July 1995, indicates he had been medically evaluated and a determination made that he was not eligible for retention in accordance with Army Regulation 40-501, paragraphs 3-11(d) and 3-41c(2).
Title 10, United States Code provides for disability processing of Reserve Component soldiers who incur or aggravate an injury or disease in the line of duty while performing inactive or active duty for training.
Army Regulation 635-40 states, in effect, that Reserve Component soldiers will be separated from the Reserves when they no longer meet medical retention standards. Such separation will be without benefits if the unfitting condition was not incurred or aggravated as the proximate result of performing annual training, active duty special work, active duty for training, or inactive duty training.
Department of Defense Instruction Number 1332.38, Subject: Physical Disability Evaluation, states that a service member shall be considered unfit when the evidence establishes that the member, due to physical disability, is unable to reasonably perform the duties of his or her office, grade, rank, or rating.
Army Regulation 635-40 also 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. The evidence indicates that the applicant was separated from the Army National Guard as a result of Diabetes Mellitus which was “not incurred or aggravated as the proximate result of performing annual training, active duty special work, active duty for training, or inactive duty training.” As a result he was not entitled to any benefits.
2. 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 that requirement.
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
__JL____ __TBR __ __RWA__ DENY APPLICATION
| CASE ID | AR2002067928 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020709 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 108.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2007 | 20070019012
The applicant requests correction of his records as follows: a. medical retirement instead of honorable discharge, which would, in effect, entitle him to Department of Veterans Affairs (VA) benefits and disability; b. correction of his Chronological Statement of Retired Points to show he has 16 qualifying years for retirement instead of 15; and c. an opportunity to reenter the U.S. Army Reserve (USAR) and complete the remainder of his service to reach 20 qualifying years for non-regular...
CG | BCMR | Disability Cases | 2006-092
He stated that he never saw the email in which Coast Guard personnel stated that the TDRL orders should be rescinded. There is no evidence in the record that he served on active duty for more than 30 days while in the Coast Guard; therefore to be entitled to retired pay his diabetic disability must be the proximate result of performing active duty or inactive duty training. § 1204 states in pertinent part that upon a determination by the Secretary concerned that a member of the armed...
ARMY | BCMR | CY2012 | 20120022836
The applicant requests, in effect, correction of his records to show he was retired by reason of disability. Army Regulation 135-180 (Army National Guard and Army Reserve-Qualifying Service for Retired Pay Nonregular Service), indicates, in pertinent part, that to be eligible for retired pay, an individual does not need to have a military status at the time of application for retired pay, but must have (1) attained age 60; (2) completed a minimum of 20 years of qualifying service; and, (3)...
ARMY | BCMR | CY2013 | 20130015881
A memorandum, dated 24 February 2004, from Headquarters, 81st RRC to Commander TTHS stated the Command Surgeon had reviewed the applicant's medical records and determined her medical condition was medically unacceptable. A Soldier with a non-duty related medical condition may request a PEB; however, the PEB would only determine fitness for duty. In view of the above, she was properly processed for separation in accordance with USAR regulations and she is not entitled to a discharge with...
ARMY | BCMR | CY2012 | 20120021708
She was found unfit due to sleep apnea and knee pain, but she would have like to have had a board review all her illnesses that occurred while serving as a National Guard member. Medical documents show she had twisted, sprained, or otherwise injured her left knee twice while on active duty and once after her enlistment in the GAARNG. This profile also states that she did not need a PEB.
ARMY | BCMR | CY2011 | 20110023911
The applicant requests correction of his military records to show he was medically discharged or retired due to physical disability. The applicant provides copies of an MEB memorandum and evaluation, notification of medical unfitness for retention, orders reassigning him to the Retired Reserve, and two letters from his physicians. Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) establishes the Army Physical Disability Evaluation System (PDES) and sets...
ARMY | BCMR | CY2009 | 20090012734
The applicant states, in effect, that he was a career Reservist and he was not informed at the time of his discharge that he could elect to be transferred to the Retired Reserve based on at least 15 qualifying years of service. The command surgeon also remarked that the applicant did not meet the retention standards of Army Regulation 40-501 (Standards of Medical Fitness). On 23 June 1999, the applicant's immediate commander requested the applicant's separation from the USAR by memorandum...
ARMY | BCMR | CY2005 | 20050001034C070206
The applicant requests, in effect, that his record be corrected to show he was separated from active duty with severance pay and that his disability evaluation rating be greater than 20 percent. The applicant states he had a medical evaluation board/physical evaluation board (MEB/PEB) in process at the time he was released from active duty and because of this he was not properly separated. The applicant has provided no documentation to show he had any restriction of his physical activities...
ARMY | BCMR | CY2005 | 20050001034C070206
The applicant requests, in effect, that his record be corrected to show he was separated from active duty with severance pay and that his disability evaluation rating be greater than 20 percent. The applicant states he had a medical evaluation board/physical evaluation board (MEB/PEB) in process at the time he was released from active duty and because of this he was not properly separated. The applicant has provided no documentation to show he had any restriction of his physical activities...
AF | PDBR | CY2011 | PD2011-00353
The Board evaluates DVA evidence proximal to separation in arriving at its recommendations, but its authority resides in evaluating the fairness of DES fitness decisions and rating determinations for disability at the time of separation. Neither the MEB nor the VA exam documented compensable ROM impairment of the left knee under 5260, limitation of flexion, coding. Service Treatment Record