RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 21 June 2007
DOCKET NUMBER: AR20070000618
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.
Ms. Catherine C. Mitrano
Director
Ms. Wanda L. Waller
Analyst
The following members, a quorum, were present:
Ms. Sherri Ward
Chairperson
Mr. Richard Dunbar
Member
Mr. David Tucker
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 that his honorable discharge from the U.S. Army Reserve (USAR) be changed to a medical discharge.
2. The applicant states that his medical records indicate his injury occurred in the line of duty but nothing is stated to that effect on his discharge.
3. The applicant provides no additional evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 22 January 2000 for a period of
8 years. He served on active duty from 17 September 2001 through 9 November 2001. He trained as a motor transport operator.
2. Item 75 (Significant or Disqualifying Defects) on the applicants DD Form 2808 (Report of Medical Examination), dated 15 June 2005, shows he was diagnosed with chronic left shoulder pain. The applicants DD Form 2807-1 (Report of Medical History), dated 15 June 2005, states, in pertinent part, that he sustained a left shoulder injury during basic training in May 2000, that he reinjured this shoulder in April 2001, and that he has a history of chronic pain and functional limits since April 2001. This form also states, in pertinent part, that a military doctor report states the applicant had bursitis (inflammation of a bursa (a sac or sac-like cavity filled with a viscid fluid and satiated at places in the tissues at which friction would otherwise develop)) in his left shoulder.
3. A medical record, dated 24 October 2005, shows that a request for additional information pertaining to the applicants left shoulder pain was sent to the applicant on 30 August 2005. This record shows that the applicant failed to comply with the request for additional information and based on information obtained from the applicants physical examination he failed to meet medical retention standards per Army Regulation 40-501, chapter 3-12b (left shoulder pain with significant limitations).
4. The applicant was issued a permanent profile on 27 October 2005 for chronic left shoulder pain and decreased range of motion.
5. On 26 November 2005, the applicant acknowledged notification of his medical disqualification for further retention in the Active Reserve and elected to be discharged from the Army Reserve.
6. Accordingly, on 14 February 2006, the applicant was honorably discharged from the USAR.
7. Army Regulation 135-178 establishes policies governing the administrative separation of enlisted Soldiers from the Army National Guard of the United States and the USAR. The regulation states, in pertinent part, that discharge will be accomplished when it has been determined that a Soldier is no longer qualified for retention by reason of medical unfitness unless the Soldier requests and is granted a waiver of Army Regulation 40-501 standards, as applicable; is determined fit for duty under a non-duty related Physical Evaluation Board fitness determination; or is eligible for transfer to the Retired Reserve.
8. 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. Paragraph 8-6 states that, when a commander or other proper authority believes that a Soldier not on extended active duty is unable to perform the duties of his or her grade or rank because of physical disability, the commander will refer the Soldier for medical evaluation according to Army Regulation 40-501. Under the laws governing the Army Physical Disability Evaluation system, Soldiers who sustain or aggravate physically unfitting disabilities must meet several line of duty criteria to be eligible to receive retirement and severance pay benefits. One of the criteria is that the disability must have been incurred or aggravated while the Soldier was entitled to basic pay or was the proximate cause of performing active duty or inactive duty training.
DISCUSSION AND CONCLUSIONS:
1. Although the applicants 15 June 2005 Report of Medical History states he sustained a left shoulder injury during basic training in May 2000, there is no medical documentation to support this contention. A medical record does show that the applicant was sent a request for additional information (apparently a request for medical records/documentation) on 30 August 2005 and he failed to comply with this request. He has not provided medical evidence documenting his May 2000 and April 2001 injuries with his application to this Board.
2. In the absence of evidence to the contrary, it must be presumed that the applicants separation was administratively correct and in conformance with applicable regulations. Without having medical documentation stating the applicants left shoulder injury was incurred during an active duty period, or that his current unfitness due to a shoulder condition is related to his May 2000 injury, there is insufficient evidence on which to determine eligibility for physical disability processing. Therefore, at this time, there is no basis for a medical discharge.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
SW_____ __RD___ _DT_____ 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.
___Sherri Ward________
CHAIRPERSON
INDEX
CASE ID
AR20070000618
SUFFIX
RECON
DATE BOARDED
20070621
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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