RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 March 2006
      DOCKET NUMBER:  AR20050008061


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 records be corrected to show he
received a medical discharge.

2.  The applicant states the Maryland Army National Guard (MDARNG) offered
him a medical discharge after he fractured his skull.  As a condition, the
ARNG revoked all tuition obligations.

3.  The applicant provides an NGB Form 22 (Report of Separation and Record
of Service); a DD Form 220 (Active Duty Report); a memorandum dated 27
March 2004 with certified mail receipts; an Adventist HealthCare,
Washington Adventist Hospital, emergency room report dated 14 October 2003;
an Adventist HealthCare, Washington Adventist Hospital, Emergency
Department Physician Order Sheet; a University of Maryland Ambulance
Information Sheet dated        14 October 2003; a University of Maryland
Health Center Consultation Record dated 19 October 2003; an Adventist
HealthCare, Washington Adventist Hospital, radiology report dated 14
October 2003; a University of Maryland memorandum, dated 16 September 2003,
subject: Disability Support Services; and a University of Maryland Report
of Cognitive Evaluation, dates of evaluation 22 and 27 October 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the MDARNG on 31 July 2002 for the Officer
Candidate School (OCS) Program.  He indicated that he understood he was
enlisting for the State OCS enlistment option, that he must attend basic
training prior to enrolling in State OCS and, if he failed to complete the
State OCS program, he would be ordered to advanced individual training
(AIT) or discharged without board action or appeal.

2.  The applicant also signed up to participate in the Montgomery GI Bill
(MGIB).  He signed his DA Form 5436-R (Statement of Understanding – the
Selected Reserve Montgomery GI Bill) indicating he understood that, prior
to 1 October 1990, Soldiers who had received a baccalaureate degree could
not qualify for educational assistance under the Selected Reserve MGIB.
Since that date, a Soldier who has received a baccalaureate degree and was
otherwise qualified can receive assistance in pursuing additional courses
approved by the Department of Veterans Affairs by contracting for an
additional 6 years of Selected Reserve service.

3.  The applicant entered active duty to attend basic training on 6 January
2003 and was released from active duty on 13 March 2003 after completing
basic training.

4.  The applicant started OCS on 10 May 2003.

5.  On 16 September 2003, the University of Maryland referred the applicant
to testing services.

6.  On 14 October 2003, the applicant fell off his bike and suffered
lacerations, contusions, and a fracture of the anterolateral wall of the
right maxillary antrum (cheekbone/sinus area) and the appearance of a
fracture of the posterolateral wall of the right maxillary antrum.  The
University of Maryland Ambulance Information Sheet also noted a past
medical history of Attention Deficit Disorder and bipolar disorder.

7.  The University of Maryland Report of Cognitive Evaluation provided by
the applicant shows he had first noticed difficulties concentrating when he
was in the sixth or seventh grade.  He had been diagnosed with Attention
Deficit Hyperactivity Disorder (ADHD) about one year previously.  He
believed the diagnosis of bipolar disorder was made at the same time but
believed that diagnose was inaccurate.  This Evaluation revealed the
applicant held a Bachelor's degree from the University of Colorado and a
degree in Law from Southern California University.  The Evaluation found
the applicant met the criteria for a learning disability but not the
criteria for ADHD.  It also recommended further testing for sleep problems.

8.  On or about 18 November 2003, the applicant voluntarily resigned from
OCS. He never attended AIT.

9.  On 27 March 2004, the Readiness Noncommissioned Officer at the
applicant's unit requested the applicant provide medical documentation as
"The unit needs these records so that we may start the process to a medical
evaluation board."

10.  On 14 September 2004, the State Surgeon determined there was no cause
to refer the applicant to a medical evaluation board (MEB).  The State
Surgeon found no indication from the available civilian or military medical
records that the applicant's facial injuries suffered on 14 October 2003
would interfere with his ability to perform his mission.  The State Surgeon
noted the University of Maryland Report of Cognitive Evaluation did not
speak to memory loss or speech problems except those secondary to a long-
standing learning disability.

11.  On 30 September 2004, the applicant was discharged from the Army
National Guard of Maryland and as a Reserve of the Army due to defective
enlistment agreement.

12.  An email dated 23 September 2005 from the MDARNG to the National Guard
Bureau indicated the applicant had submitted and was approved for Federal
Tuition Assistance on three occasions:  Summer 2003, Fall 2003, and Spring
2004.  Funds were disbursed immediately to pay for his tuition.  He was
required to submit a grade report or transcript within 45 days after the
completion of the course.  He was notified by mail on two occasions and in
person in the spring of 2004 of the requirement to submit grades.  He never
submitted his grades, and on 13 July 2004, his account was flagged for
recoupment in the amount of $3,507.25.

13.  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.  The unfitness is of such a degree that a Soldier is
unable to perform the duties of his office, grade, rank or rating in such a
way as to reasonably fulfill the purposes of his employment on active duty.
 In pertinent part, 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, rank, or rating.

DISCUSSION AND CONCLUSIONS:

1.  There is evidence of record to show the applicant's unit may have
recommended the applicant for a medical discharge; however, the State
Surgeon determined there was no indication the facial injuries the
applicant suffered on    14 October 2003 would interfere with his ability
to perform his mission.  The applicant has provided insufficient evidence
to the Board that shows those injuries would have interfered with his
ability to perform military duties.

2.  The applicant contended that, as a condition [of offering him a medical
discharge], the ARNG revoked all tuition obligations.  He provides no
evidence to support this contention.  The evidence of record shows he was
given Federal Tuition Assistance, but he failed to comply with the
requirement to submit a grade report or transcript within 45 days after
completion of the course(s).  It does not appear he met the eligibility
requirements for the MGIB.  There is evidence to show he had already
completed a baccalaureate degree when he signed up for the MGIB.  He could
have received MGIB benefits, but he was required to sign up for an
additional 6 years in the Selected Reserve.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__wdp___  __jlp___  __pmt___  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 D. Powers___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008061                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060302                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |108.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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