RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           22 JULY 2004
      DOCKET NUMBER:   AR2003096133


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |


      The following members, a quorum, were present:

|     |Mr. Walter Morrison               |     |Chairperson          |
|     |Mr. Eric Andersen                 |     |Member               |
|     |Ms. Barbara Ellis                 |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his August 2003 release from
active duty be voided and that he be retained in an active status.

2.  The applicant states that he should have been put on “medical hold” and
not discharged in 2003 because he has continued to receive medical
treatment from the Department of Veterans Affairs and has not been able to
work.  He states that after he was released, he was told to consult with
his local Department of Veterans Affairs and after seeing the doctor was
told that he was “unable to work at this time.”

3.  The applicant provides a copy of his August 2003 separation document,
extracts from his service medical records, and a copy of a LOD (line of
duty) determination associated with his March 2003 injury.

CONSIDERATION OF EVIDENCE:

1.  There were no records available to the Board associated with his
service in the Army National Guard, beyond the documents provided by the
applicant.  The records, which were available, were associated with his
active duty service between May 1969 and May 1971 and have no impact on the
analysis of his current application before the Board.

2.  The documents provided by the applicant indicate he was ordered to
active duty on 16 January 2003 in support of Operation Enduring Freedom and
served overseas in Kuwait and Iraq between 5 February and 5 July 2003.  He
was an “automated logistical specialist.”  According to a description of
duties associated with an individual in his specially contained in Army
Regulations, his duties would have included supervision of and management
of stock record/warehouse functions pertaining to receipt, storage,
distribution, as well as the issuance and maintenance of equipment records
and parts.

3.  According to a LOD report, the applicant sustained an injury to his
right shoulder in March 2003.  The report indicates that the applicant was
unloading duffle bags and caught his right arm in a strap.  The injury was
determined to have occurred in the line of duty and that a formal line of
duty investigation was not required.  The document also indicated that the
applicant was not admitted to the hospital but treated as an outpatient.



4.  An undated document, titled “LOD INFORMATION” indicates that follow up
care was recommended, that the Soldier was not on a profile as a result of
the injury, and that he was not placed on medical hold.  The LOD was
finalized on
13 July 2003.

5.  Medical personnel saw the applicant on 5 May 2003 as a follow-up for
his previously reported shoulder pain.  The evaluation noted minor
impingement and prescribed Motrin.

6.  He was seen again on 21 May 2003 and it was recommended that he undergo
further evaluation upon returning to the United States.

7.  There is no indication that the applicant’s duties were limited
following his March 2003 injury or that he was issued any sort of profile.

8.  As part of the applicant’s demobilization process, he completed several
medical examination questionnaires in which he noted his shoulder injury,
as well as a variety of other medical ailments.  His complaints were noted
and he was referred for further evaluation, however, he was medically
cleared for demobilization.

9.  On 11 July 2003 the applicant was seen by an orthopedic specialist who
noted that the applicant’s X-rays were negative, that he had full range of
motion, no weakness, and no tenderness.  The diagnosis was “trapezius
[muscle leading from the neck to the shoulder which rotates the scapula to
raise shoulder in abduction of arm and draws the scapula backward] muscle
spasm” and he was prescribed anti-inflammatory medication.  There is no
evidence he was issued a physical profile or that retention in an active
status was warranted.

10.  On 1 August 2003 the applicant was released from active duty.

11.  Army Regulation 135-381 states that Reserve Component Soldiers who
incur or aggravate an injury while serving on active duty, pursuant to
orders in excess of 30 days, may request to remain on active duty for
medical reason such as completion of hospitalization or physical disability
processing.  Retention is intended to enable the Soldier to resume his
“normal military duties.”  National Guard Regulation 135-381 further states
that the Soldier must request extension of orders through State
Headquarters and requires the concurrence of the National Guard Bureau
Surgeon’s Office.



12.  Also included in those same regulations are provisions for the payment
of incapacitation pay if the Soldier is unable to perform his military
duties.  If the Soldier is able to perform his military duties, he may be
eligible for incapacitation pay if his is able to demonstrate a loss of
earned income from non-military employment.  National Guard Regulation 135-
381 prescribes the procedures for applying for incapacitation pay based on
loss of earned income from non-military employment.

DISCUSSION AND CONCLUSIONS:

1.  The medical evidence available to the Board indicates that the
applicant injured his shoulder in March 2003 and was seen by medical
officials twice in the month of May 2003.  There is no indication he was
ever issued a physical profile or that his injury precluded the performance
of his normal military duties.

2.  There was no indication by any of the medical officials who evaluated
the applicant as part of the demobilization process that the applicant’s
shoulder condition was such that it warranted retention on active duty.
There was no evidence of incapacitation at that time.  The fact that he may
have continued to seek medical treatment from the Department of Veterans
Affairs after his release from active duty, or that a member of the
Department of Veterans Affairs medical team believes that the applicant
cannot work, is also not evidence that he should have been retained in an
active status.

3.  While the applicant has not demonstrated any error or injustice in his
release from active duty he should be advised to contact his National Guard
unit if he believes that he may be eligible for incapacitation pay based on
loss of earned income from non-military employment.

4.  In order to justify correction of a military record the applicant must
show, 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.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WM__  ___EA __  ___BE __  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.



            ____Walter Morrison_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2003096133                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040722                                |
|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.       |128.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]