RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         30 NOVEMBER 2004
      DOCKET NUMBER:  AR2004104118


      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. John N. Slone                 |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Mr. Patrick McGann                |     |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.  The applicant requests physical disability retirement.

2.  The applicant states that on 9 April 1999 he was diagnosed with
subclavian thrombosis.  He had surgery to correct his condition.  The
medication he was given resulted in difficult/hard stools, causing an anal
fissure.  He was released from active duty, receiving a physical
examination that was not conducted by a military physician.  Four months
after his discharge he underwent a physical examination at the St. Louis
Military Entrance Processing Station (MEPS), for entry into the Army
Reserve.  He was not qualified for duty, receiving a P3 profile. The
profile prevented him from deploying in January 2003.  Since then he had a
minor recurrence.  In 2001 and 2002 he was seen on numerous occasions
because he had bloody stools and pain during bowel movements.  In all cases
the cause was either hemorrhoids and/or anal fissure.  In October 2003 he
saw a specialist, who determined that his fissure was chronic and could
only be removed surgically.  Since his surgery, he has difficulties
controlling his bowel movements, and was not deployed in December 2003.
Had he gone before a medical board prior to his separation from active
duty, he would have been granted a medical retirement.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty), and copies of his medical records.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records, other than those furnished by the
applicant, are unavailable.

2.  The applicant's DD Form 214 shows that he entered on active duty on
        8 March 1998 and was released from active duty on 7 March 2002 upon
completion of his required active service, and transferred to the Army
Reserve Control Group (Reinforcement) in St. Louis.  His character of
service was honorable.

3.  On 3 April 1999 the applicant, then assigned to the 304th Signal
Battalion in Korea, reported to the Camp Colburn Aid Station complaining of
swelling in both arms.  On 8 April 1999 he was admitted to the 121st
General Hospital emergency room with a presumptive diagnosis of subclavian
vein thrombosis on the right side.  He was started on a Heparin protocol,
had duplex ultrasounds on 9 April 1999, which showed partial thrombosis of
the right subclavian vein.  On 10 April 1999 he was transferred to Asan
Korean Hospital for thrombolytic therapy and was continued on Heparin and
Coumadin, a blood thinner.  The decision was made to not proceed with
therapy and he was transferred back to the 121st on 14 April 1999, and
maintained on Coumadin.  His condition was felt to be stable, and he was
discharged from the hospital on 15 April 1999.  He continued to be followed
up for his condition.

4.  On 6 August 1999 the applicant had transaxillary first right rib
resection surgery at the Brooke Army Medical Center in San Antonio.  He
tolerated the procedure well and was taken to the recovery room in good
condition.

5.  A 5 January 2000 dental inprocessng record at Brooke Army Medical
Center shows that the applicant had taken Coumadin from June to August 1999
and that he required oral surgery for two impacted wisdom teeth.

6.  A 3 April 2000 medical report shows that he reported to a clinic at the
Darnell Army Community Hospital at Fort Hood, Texas, because he was
coughing up blood.

7.  A 25 August 2000 medical report shows that he reported to an aid
station at the Fort Irwin, California, complaining of blood in his stool.
His condition was diagnosed as possible hemorrhoids.

8.  Medical reports dated 15 November 2000 and 17 November 2000 show that
he reported to a clinic at Darnell Army Community Hospital complaining that
he had blood in his stool for the past two months, and that he had a hard
stool and initial sharp pain.  A physician's assistant assessed his
condition as a fissure in his anus and external hemorrhoids.

9.  A 4 December 2001 separation medical examination conducted at a health
clinic at Fort Hood noted the possibility of hemorrhoids.  The report
indicated that the applicant was medically qualified for separation with a
physical profile serial of 1 1 1 1 1 1.  In the report of medical history
that he furnished for the examination, the applicant made note of his past
medical history, to include his subclavian vein thrombosis, the medication
that he took, his surgery, blood in his stool, and commented that he
continued to have blood in his stool.

10.  A 10 July 2002 report of medical examination conducted at the St.
Louis MEPS shows that he was not qualified for service because of his
venous thrombosis.  His physical profile serial was 3 1 1 1 1 1.

11. On 29 July 2003 the Department of Veterans Affairs (VA) notified the
applicant that he was awarded a 10 percent service connected disability
rating for residuals, right subclavian vein thrombosis, status post
transaxial right rib resection.

12.  On 17 October 2003 the applicant had surgery at St. John's Mercy
Medical Center in St. Louis for chronic anterior anal fissure and left
lateral hemorrhoid.  He underwent a left lateral hemorrhoidectomy and left
lateral internal sphincterotomy, excision of anterior fissure and
hypertrophic papilla.  There were no complications.

13.  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 to a PEB.

14.  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.

15.  Army Regulation 635-40 states in pertinent part 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.

16.  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 applicant's statements concerning his medical condition are noted.
His condition was diagnosed as subclavian vein thrombosis, for which he was
adequately treated.  He is now being appropriately compensated by the VA
for the residuals of that condition and treatment thereof.  His claim of
hemorrhoid/anal fissure while on active duty is also noted.  Nevertheless,
and notwithstanding the medical conditions that he had while on active
duty, the applicant continued to perform his duties until his separation in
March 2002.  Competent medical personnel indicated that the applicant was
medically fit for retention at the time of his separation.  He has
submitted no probative medical evidence to the contrary.

2.  The applicant states that when he underwent a physical examination on
    10 July 2002 for entry into the Army Reserve he was found not qualified
for duty, receiving a P3 profile.  He went on to say that his profile
prevented his deployment in January 2003, that he had an operation, and
again did not deploy in December 2003.  Notwithstanding his current medical
condition, he was medically fit for retention at the time of release from
active duty in March 2002.   His statements indicating that he was not
deployed on two occasions indicate that the applicant is in the Army
Reserve, as he states in his application to the Board, proof positive that
he is still medically fit for active military service, despite his
nondeployable status.  The medical criteria for retention in the Army
Reserve does not differ from that of the Regular Army.

3.  The applicant did not have any medically unfitting disability which
required physical disability processing.  Therefore, there is no basis for
physical disability retirement or separation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JNS __  __SP ___  __PM ___  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.




                                  _____ John N. Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004104118                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041130                                |
|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.                      |                                        |


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