RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060004931


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald L. Lewy                |     |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, that his transfer to the Retired
Reserve be changed to show that he was retired by reason of physical
disability.

2.  The applicant states, in effect, that his records showed that he had
health problems and that his command did not do a follow-up.  He is now
receiving disability benefits and the Army did him wrong and the pay is
lesser.

3.  The applicant provides a copy of his separation orders; a memorandum
from Headquarters, 81st Regional Readiness Command, dated 26 March 2004; a
copy of his DD Form 2807-1 (Report of Medical History); and a copy of his
DD Form 2808 (Report of Medical Examination); in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the U. S. Army
Reserve (USAR) on 23 January 1998, for training as a supply specialist, in
military occupational specialty (MOS) 92A, in pay grade E-5, with prior
Army National Guard (ARNG) service.  He enlisted for 6 years with an
established expiration of term of service (ETS) of 22 January 2004.  He was
promoted to staff sergeant (SSG/E-6) on 12 March 2003.

2.  On 13 January 2004, the applicant extended his enlistment for 1 year
with a new established ETS of 22 January 2005.

3.  On 25 February 2004, the applicant underwent a separation medical
examination and was found not qualified for continued service with a 311113
physical profile.  He was diagnosed as having asthma, left shoulder pain,
plantar warts, palpitations/chest pressure, and anxiety.

4.  On 26 March 2004, the Headquarters Commandant, 81st RRC, prepared a
memorandum for the applicant, Subject:  Notification of Medical Unfitness
for Retention, with a suspense date of 27 April 2004.  The commandant
informed the applicant that he had been determined, as a result of his
medical examination, to be medically disqualified for continued service in
the USAR under the provisions of Army Regulation 40-501, chapter 3.  As a
result, of his medical disqualifications, he was required to complete an
endorsement indicating his options regarding his medical disqualifications.
 Failure to respond to this correspondence within 30 days, would constitute
a waiver of all rights and he would be discharged with an honorable
characterization of service.

5.  The commandant indicated that Soldiers with permanent 3 and 4 profiles
were transferred to the TTHS (Trainees, Transients, Holdees, and Students)
Account Management Division until their action had been adjudicated.  Once
the applicant had selected his opinion, he was to return the election of
options memorandum to the TTHS Accounts Management Division, 81st RRC.

6.  On 22 September 2004, the Army Human Resources Command (AHRC)-St. Louis
notified the applicant that he had completed the required years of service
to be eligible for retired pay, on application, at age 60 (20-Year Letter).

7.  The applicant continued to serve in the USAR until he was released from
his troop program unit (TPU) and was assigned to the USAR Control Group,
Retired Reserve, effective 27 September 2004, for being medically
disqualified, not as a result of his own misconduct.

8.  The applicant's Summary of Retirement Points, printed from the Human
Resources Command Integrated WEB Service, Retirement Information Section,
shows he completed 23 years, 1 month, and 7 days of qualifying service
for retirement purposes.

9.  Army Regulation 140-10, in effect at the time, sets forth the basic
authority for the assignment, attachment, detail and transfer of USAR
Soldiers.  Chapter 7 of the regulation relates to the removal of Soldiers
from active status and states, in pertinent part, that Soldiers removed
from an active status will be discharged or, if qualified and if they so
request, will be transferred to the Retired Reserve.

10.  Army Regulation 140-10, paragraph 6-1, Eligibility, states that
reservists are eligible for transfer to the Retired Reserve if they are
medically disqualified, not as a result of their own misconduct, for
retention in an active status (ready reserve) or entry on active duty,
regardless of the total years of service completed.

11.  Army Regulation 135-178 establishes the policies, standards, and
procedures governing the administrative separation of enlisted Soldiers
from the Reserve Components.  Paragraph 1-3 states, in pertinent part, that
orders discharging a Soldier would not be revoked or the effective date
changed after the effective date of discharge unless there was evidence of
manifest error or fraud.  After the effective date of discharge, orders can
be amended by the separation authority only to correct manifest error such
as the wrong character of service or to correct administrative errors such
as rank, social security number, or misspelled name.

12.  Chapter 6, paragraph 6-7, of the same regulation, pertains to other
designated physical or mental conditions, and states that the separation
authority may approve discharge under this paragraph on the basis of other
physical or mental conditions not amounting to disability that potentially
interfere with assignment to or performance of military duty.  Such
conditions may include, but are not limited to, chronic air sickness or sea
sickness, enuresis, sleepwalking, dyslexia, severe nightmares,
claustrophobia, personality disorder, and other disorders manifesting
disturbances of perception, thinking, emotional control or behavior
sufficiently severe that the Soldier's ability to perform military duties
effectively is significantly impaired.

13.  Army Regulation 135-178, paragraph 12-1, Medically unfit for
retention, states that Reserve enlisted Soldiers who are no longer
qualified for retention by reason of medical unfitness under the standards
of AR 40-501, chapter 3 (Medical Fitness Standards for Retention and
Separation Including Retirement) will be discharged unless they are granted
a waiver of the medical disqualification or are eligible and request
transfer to the Retired Reserve under Army Regulation 140-10, paragraph 6-
1.

14.  An award of a VA rating does not establish entitlement to medical
retirement or separation from the Army.  Operating under its own policies
and regulations, the VA, which has neither the authority nor the
responsibility for determining medical unfitness for military duty, awards
ratings because a medical condition is related to service ("service-
connected") and affects the individual's civilian employability.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant underwent a separation medical
examination and was found not qualified for continued service.  He was
diagnosed as having asthma, left shoulder pain, plantar warts,
palpitations/chest pressure, and anxiety.

2.  The applicant was informed by his major command, 81st RRC, that he was
found to be medically disqualified, as a result of his medical examination,
for continued service in the USAR, under the provisions of Army Regulation
40-501. He was required to complete an endorsement indicating his options
regarding his medical disqualifications within 30 days.  This endorsement
is unavailable for review.  His failure to respond, he was advised,
constituted a waiver of all rights and he could be discharged with an
honorable characterization of service.

3.  The applicant was honorably released from his TPU and was transferred
to the Retired Reserve, for being medically disqualified, not as a result
of his own misconduct.  He had completed 23 years, 1 month, and 7 days of
qualifying service for retired pay and was issued a 20-Year Letter.

4.  The applicant contends that he had health problems and his command did
not do a follow-up.  The evidence shows he was informed by his command of
his medical disqualifications and options were provided to him.  It is
apparent that he failed to meet the command's suspense date and was
transferred to the Retired Reserve based on his qualifying service of 23
years, 1 month, and 7 days.

5.  It is presumed that the applicant applied to VA and is being
compensated for his service-connected disabilities.  It is apparent that he
is not satisfied with the amount provided by VA and which is probably less
than what he expected.

6.  Any rating action by the VA does not necessarily demonstrate error or
injustice on the part of the Army.  The VA, operating under its own
policies and regulation, assigns disability ratings as it sees fit.

7.  The applicant has provided no evidence, and there is none, to show that
he was entitled to be retired by reason of physical disability.  Therefore,
there is insufficient evidence to correct his records to show that he was
"retired by reason of physical disability."

8.  In order to justify correction of a military record, the applicant must
show, to the satisfaction of the Board, or it must otherwise appear, that
the record is in error or unjust.  The applicant has failed to submit
evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___AM__  ___DLL__  ___WFC_  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.




                                  _____William F. Crain____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004931                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20040927                                |
|DISCHARGE AUTHORITY     |AR 140-10                               |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |144                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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