RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 October 2006
      DOCKET NUMBER:  AR20060003445


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Mr. Bernard Ingold                |     |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, in effect, a physical disability retirement.

2.  The applicant states, in effect, that while on active duty for annual
training in 2003 he injured his left wrist.  He states that he requested a
Medical Evaluation Board (MEB) in March 2004; however, he was not referred
to an MEB but was retired on his expiration term of service.  He also
states that he is not eligible for retired pay and that as a result of his
retirement he lost his Idaho Guard civilian position.

3.  In an undated letter to a Member of Congress, the applicant states that
his “Line of Duty” accident left him permanently disabled, that the only
reason he requested retirement was due to the disability; otherwise, he
would not have retired.  He stated that he would like to be compensated by
the State Insurance Fund for his lost wages and loss of employment due to
an on-the-job injury and disability.

4.  The applicant provides an undated letter to a Member of Congress;
retirement orders, dated 22 April 2004; annual training orders, dated 6 May
2003; a memorandum, dated 23 July 2004; a memorandum for record, dated 7
April 2004; a DA Form 2173 (Statement of Medical Examination and Duty
Status), dated 13 April 2004; and medical documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 5 January 1958.  Having prior active and
inactive service, the applicant enlisted in the Idaho Army National Guard
on 17 May 1991. His notification of eligibility for retired pay (his 20-
year letter) is dated 29 May 2002.  His noncommissioned officer evaluation
report for the period ending August 2003 shows he performed duties as the
First Sergeant of Headquarters and Headquarters Company, 116th Engineer
Battalion.

2.  The applicant provided a medical report which states that he was
treated for chronic left wrist pain on 10 March 2004.  This report also
states that the applicant’s wrist pain dates back to an injury in
approximately the spring of 2000 and since that time he has experienced
repetitive injuries including one in June 2003 while on military exercises.


3.  A DA Form 2173, dated 13 April 2004, shows the applicant sustained a
left wrist injury during annual training on 17 June 2003.  This report also
states, in pertinent part, that “he never went to the medics or saw a
physician for this injury while at Annual Training, but was obviously
suffering from pain.”

4.  Records show the applicant underwent an arthroscopic debridement of his
left wrist on 22 April 2004.

5.  On 1 May 2004, the applicant was honorably discharged from the Idaho
Army National Guard and transferred to the Retired Reserve.

6.  The applicant also provided numerous medical reports, dated 10 March
2004 to 8 December 2004, which state, in pertinent part, “Wrist flexion
actively is to approximately 45 degrees and extension is to 45 degrees,”
“Wrist flexion and extension is reduced through an arc of approximately 40
degrees of extension and 40 degrees of flexion,” “The patient has wrist
flexion to approximately 35 degrees, extension to 45 degrees,” and
“Physical exam demonstrates the patient to continue with reduced range of
wrist flexion/extension from approximately 50 to 50 degrees.”

7.  Paragraph 3-12b (Upper Extremities) of Army Regulation 40-501
(Standards of Medical Fitness) provides that joint ranges of motion which
do not equal or exceed the measurements listed are causes for referral to
an MEB.  The regulation shows the unacceptable range of motion for the
wrist to be a total range extension plus flexion of 15 degrees.

8.  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.

9.  Army Regulation 635-40 governs the evaluation for physical fitness of
Soldiers who may be unfit to perform their military duties because of
physical disability.  It states that the mere presence of an impairment
does not, of itself, justify a finding of unfitness because of physical
disability.  In each case, it is necessary to compare the nature and degree
of physical disability present with the requirements of the duties the
Soldier reasonably may be expected to perform because of his or her office,
grade, or rank.  It 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.  When a Soldier is being processed for
separation for reasons other than physical disability, continued
performance of assigned duty commensurate with his or her rank or grade
until the Soldier is scheduled for separation or retirement indicates that
a Soldier is fit.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant re-injured his left wrist during
Annual Training on 17 June 2003 and that he did not seek medical treatment
for this injury while at Annual Training.  Medical evidence of record
provided by the applicant states he initially injured this wrist in 2000
and subsequently experienced repetitive injuries to it, to include the June
2003 injury.  It appears he first sought evaluation/treatment for the
injury in March 2004.

2.  Since the applicant’s left wrist range of motion was not limited to the
degree that warranted referral to an MEB, as evidenced by the medical
documentation he provided, there is insufficient evidence to show the
applicant was or is eligible for physical disability processing.

3.  The applicant’s contention that as a result of his retirement he lost
his Idaho Guard civilian position is noted.  However, he also stated that
he requested retirement.  There is no evidence to show that he was
involuntarily transferred or determined to be unfit for retention.
Therefore, it appears that his civilian employment was terminated as the
result of his own request.

4.  The [Idaho] State Insurance Fund does not fall under the purview of
this Board or the Department of Defense.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA_____  _JM_____  _BI_____  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.




                                  __James Anderholm________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003445                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061031                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |108.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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