RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001126


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Joe Schroeder                 |     |Member               |
|     |Ms. Laverne Berry                 |     |Member               |

      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.  In effect, the applicant requests that his record be corrected to show
that he was discharged from the California Army National Guard for medical
reasons.

2.  The applicant states, in effect, that the NGB Form 22E (Report of
Separation and Record of Service) that shows that he was discharged because
of his failure to obtain the required physical, is incorrect.  He has a
current report of physical examination, dated 1 November 1999, as indicated
on his personnel qualification record.  He was in compliance with the
regulation.  He was discharged because he was diagnosed with diabetes, type
II.  He requested an appeal to remain in the service because his diabetes
was fully under control; however, his appeal was denied.  He has fully
complied with all medical advice from his physician and from personnel at
higher headquarters.

3.  The applicant provides a copy of his NGB Form 22E, a copy of a page
from Army Regulation 40-501, and a copy of his personnel qualification
record.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s records show that he was on active duty in the Army
from June 1963 to June 1967 and was released with an honorable
characterization of service.  He served as a member of the Army Reserve
from June 1967 until his honorable discharge in June 1969.  He enlisted in
the Army National Guard on    13 March 1974 and served continuously until
his discharge on 28 February 2003, attaining the rank of sergeant first
class.

2.  The applicant’s personnel qualification record, which he submits with
his request, shows that his last physical examination was on 1 November
1999.
Included in his records is a copy of a 20 November 1999 report of that
physical examination.  That report shows that the applicant was medically
qualified for retention with a physical profile serial of T2 1 1 T3 1 1.
It indicated that he had a hearing loss and high glucose.  In the report of
medical history that he furnished for that examination, the applicant
stated that he was in good health, but did indicate that he had a hearing
loss.  The physician’s remarks on that report indicated that the applicant
had an ear infection in 1970 and was hospitalized at Fort Ord, California,
but that he had no other problems except his hearing loss.  The doctor also
stated that the applicant had a history of hypercholesterol, which was
controlled.

3.  The applicant’s Noncommissioned Officer Evaluation Report (NCOER) for
the 12-month period ending in July 2002 shows that his rating officials
considered him to be a fully capable NCO.  That report showed that he was
physically fit, that he passed the Army Physical Fitness Test (APFT) in
January 2001 and that he met the Army height and weight standards.

4.  The applicant’s personnel qualification record, dated 10 July 2003,
shows that he passed the APFT in November 2002.

5.  The applicant was discharged from the California Army National Guard on
    28 February 2003 and transferred to the Retired Reserve.  He had almost
         33 years of service for retired pay.  The authority and reason for
his discharge was cited as “Sec 260 Calif M/VC & Para 8-27i NGR 600-200;
Failure to obtain required physical.”

6.  The page from Army Regulation 40-501 that the applicant submits with
his request is highlighted.  The highlighted portion states, “Each officer,
warrant officer, and enlisted Soldier not on active duty is required to
undergo a complete physical examination at least once every 5 years.”  A
portion not highlighted follows, “Members of Early (75 day) Deploying units
who are over 40 years of age will undergo complete physical examination
every 2 years.”

7.  Army Regulation 635-40, chapter 8, outlines the rules for processing
through the disability system Soldiers of the Reserve component who are on
active duty for a period of less than 30 days or on inactive duty training;
and outlines the criteria under which Soldiers of the Reserve component,
whether or not on extended active duty, apply for continuance in the active
Reserve.

8.  Paragraph 8-6 states that when a commander believes that a Soldier not
on extended active duty is unable to perform his duties because of physical
disability, the commander will refer the Soldier for medical evaluation.
Paragraph 8-6b states in effect, that the medical treatment facility will
forward the medical evaluation board to the Soldier’s unit commander for
disposition under applicable regulations.

9.  Army Regulation 635-40 establishes the Army physical disability
evaluation system and sets forth policies, responsibilities, and procedures
that apply in determining whether a Soldier is unfit because of physical
disability to reasonably perform the duties of his office, grade, rank, or
rating.  It provides for medical evaluation boards (MEBs), which are
convened to document a Soldier’s medical status and duty limitations
insofar as duty is affected by the Soldier’s status.  A decision is made as
to the Soldier’s medical qualifications for retention based on the criteria
in AR 40-501, chapter 3.  If the MEB determines the Soldier does not meet
retention standards, the board will recommend referral of the Soldier to a
PEB.

10.  Physical evaluation boards are established to evaluate all cases of
physical disability equitability for the Soldier and the Army.  It is a
fact finding board to investigate the nature, cause, degree of severity,
and probable permanency of the disability of Soldiers who are referred to
the board; to evaluate the physical condition of the Soldier against the
physical requirements of the Soldier’s particular office, grade, rank or
rating; to provide a full and fair hearing for the Soldier; and to make
findings and recommendation to establish eligibility of a Soldier to be
separated or retired because of physical disability.

11.  Title 10, United States Code, chapter 61, provides disability
retirement or separation for a member who is physically unfit to perform
the duties of his office, rank, grade or rating because of disability
incurred while entitled to basic pay.

DISCUSSION AND CONCLUSIONS:

1.  The available medical evidence dated in 1999 shows that the applicant
was medically fit for retention in the Army National Guard.  He himself
stated at that time that he was in good health.

2.  The applicant was considered capable of performing his duties at least
as late as July 2002 as evidenced by the above-mentioned NCOER.  He passed
the APFT in November of that year, three months prior to his discharge.

3.  Absent evidence to the contrary, the applicant was physically fit at
the time of his discharge in February 2003.  He has provided no evidence to
indicate otherwise.

4.  Consequently, the applicant’s request to correct his record to show
that he was discharged for medical reasons is not granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE __  ___JS ___  ___LB __  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.





                                  ______Fred Eichorn________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001126                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040210                                |
|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.                      |                                        |


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