MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 29 May 2003
         DOCKET NUMBER: AR2003086857

         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
Mrs. Nancy L. Amos		Analyst

The following members, a quorum, were present:

Mr. Luther L. Santiful		Chairperson
Mr. Lester Echols		Member
Mr. Frank C. Jones		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)

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APPLICANT REQUESTS: That his separation be changed to a medical discharge.

APPLICANT STATES: In effect, that his physical disabilities – acute bronchitis, a bad (frozen) leg, cramps in legs, dental defects, knee injuries, and hearing loss – rendered him unfit for duty.

As supporting evidence, the applicant provides his enlistment Standard Form (SF) 88 (Report of Medical Examination), dated 21 September 1961; his separation SF 88 dated 16 January 1962 (which indicates he had cramps in legs, not significant and "UCD – NS"); a DD Form 481-3 (Clinical Record Cover Sheet) showing he was treated for acute bronchitis on 20 January 1962; an undated extract from his medical records showing he had a bronchitis infection; an extract from his dental records dated 26 (March or May) 1962 showing he had several defects but was class 2; his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 6 August 1962; a Veterans Administration (VA) Form 3101 (Request for Information), dated 14 April 1965, on which he indicated he had been treated for a bad leg (frozen) the last two weeks of his training at Fort Knox, KY; orders dated 17 April 2000 showing he was ordered to annual training in Kaiserslautern, Germany for the period 29 April through 20 May 2000; a DD Form 689 (Individual Sick Slip) dated 2 May 2000 with related medical treatment record; and a DD Form 689 dated 8 May 2000 with related medical treatment record.

EVIDENCE OF RECORD: The applicant's military records are not available. Information contained herein was obtained from alternate sources.

The applicant was born on 9 August 1944. He initially enlisted in the Army National Guard (ARNG) on 21 September 1961. He served on active duty from 15 October 1961 until released back to the ARNG on 6 August 1962. He was transferred to the U. S. Army Reserve (USAR) Control Group (Standby) on 11 July 1964. He was discharged on 1 September 1969.

The applicant reenlisted in the ARNG on 17 December 1973. He transferred to a USAR Troop Program Unit on 29 August 1975. He transferred back to the ARNG on 3 February 1979. He was discharged on 4 February 1980.

The applicant reenlisted in the California ARNG on 31 May 1995.

The applicant was ordered to annual training, in Germany, for the period 29 April through 20 May 2000.

On 2 May 2000, the applicant was treated for a complaint of pain in both knees, radiating to both shins. He indicated to medical treatment personnel that he had been on a long flight in a cold C-130 cargo plan during which he sat for a prolonged period of time.

On 8 May 2000, the applicant sought follow-up treatment. It was noted that he worked as a cook and prolonged standing was required. Other than mild crepitation, no findings were noted. He was diagnosed with retro-patellar pain syndrome and placed on a 2-week profile of no physical training and working in a sitting position.

The applicant was discharged on 30 May 2001 upon expiration of his service obligation after completing 13 years of qualifying service.

In a 22 April 2002 response from the California ARNG Medical Plans Officer to a legislative inquiry, it was noted that the applicant was medically boarded several times in 2001. The applicant appealed several times and presented additional information each time for multiple medical conditions. His final appeal was made in December 2001 and was denied in January 2002. At that time, the Medical Plans Officer was informed the applicant had separated earlier in 2001. The Medical Plans Officer stated that, as the applicant's medical conditions were primarily disease conditions, with no conclusive proof that the military caused the conditions, a medical separation would provide no benefits to the applicant.

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. Chapter 8 outlines the rules for processing through the disability system soldiers of the Reserve components who are on active duty for a period of less than 30 days or on inactive duty training. Referral for processing does not mean an automatic entitlement to disability compensation. Once referred, a determination must be made whether the disease was the proximate result of performing duty. Proximate result establishes a casual relationship between the disability and the required military duty.

Army Regulation 40-3 (Medical, Dental, and Veterinary Care) states that class 2 dental patients have oral conditions that, if not treated, have the potential but are not expected to result in a dental emergency within 12 months.

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 applicant first served on active duty from October 1961 to August 1962. Although he had been treated for acute bronchitis, had several dental conditions that made him a class 2 patient, and may have been treated for a bad leg (there is no evidence to show exactly what this condition was) during that initial period of active service, none of those conditions rendered him ineligible to re-enter the service after a number of breaks in service. None of those conditions, or any other condition, kept him from performing his duties during varying periods of time over the next almost 40 years.

3. The available evidence shows that the only condition that led to the applicant receiving a temporary profile during his last period of active duty was pain in the knees. Other than mild crepitation, no other medical findings were noted. There is no evidence to show this pain was the proximate result of his active duty.

4. 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

__lls___ __le____ _fcj____ DENY APPLICATION

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

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INDEX

CASE ID	AR2002074226
SUFFIX
RECON
DATE BOARDED	20030529
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY	Mr. Chun
ISSUES 1.	108.00
2.
3.
4.
5.
6.