APPLICANT REQUESTS:  That he be retroactively promoted to major, USAR, and that his transfer to the USAR Control Group (Retired) be corrected to having his name placed on the Permanent Disability Retired List (PDRL), rated disabled.

APPLICANT STATES:  That the orders transferring him to the USAR Control Group (Retired) erroneously had the reason for his separation as failure to be promoted.  However, all of the retirement points that he had earned while he was assigned to the USAR had not been credited to him, especially those he earned for his participation in the Command and General Staff Course (C&GSC) in 1991.  In addition, he was medically unfit at the time of his separation as a result of injuries he suffered on his civilian job, and should have been medically retired due to those disabilities.

EVIDENCE OF RECORD:  The applicant's military records show:

He was commissioned in the USAR as a second lieutenant on 11 May 1972 with prior active enlisted service in Vietnam.  He was promoted to captain and voluntarily entered on active duty on 1 April 1981.  While serving as a counterintelligence officer in Germany, he was given a relief for cause officer evaluation report (OER) for the period covering 8 August through 9 November 1983.

On 10 February 1984 he submitted his unqualified resignation, which was accepted, and he was honorably discharged on 1 April 1984.

On 13 February 1985 he accepted a commission as a captain, USAR, assigned to the USAR Control Group (Reinforcement) and a concurrent apppointemnt in the California Army National Guard.

On 27 April 1987 the applicant was notified that he had been considered, but not selected, for promotion to major for the second time and was required to be separated from the selected reserve.

The applicant was retained in the selected reserve to allow him to complete 20 years of qualifying service for retired pay and, upon completion of that service, was transferred to the USAR Control Group (Retired) on orders dated 25 January 1994, effective 18 July 1990.

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 performing active or inactive military duty.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant states that he completed C&GSC credits in 1991.  Those credits could not have effected his promotion considerations in 1986 and 1987.  Therefore, his separation due to his failure to be selected for promotion was appropriate.

2.  The applicant has not submitted any documentation which supports his contention that he was medically disqualified.  However, even if he had, he would not have been eligible for placement on the PDRL since, by his own admission, his disabilities were due to job related incidents, not service related accidents.

3.  In view of the preceding, there is no basis for granting the applicant’s request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

                       GRANT          

                       GRANT FORMAL HEARING

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director