Search Decisions

Decision Text

ARMY | BCMR | CY1996 | 9606851C070209
Original file (9606851C070209.txt) Auto-classification: Denied
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

Similar Decisions

  • ARMY | BCMR | CY1990-1993 | 9305864

    Original file (9305864.rtf) Auto-classification: Denied

    APPLICANT STATES : That he was led to believe by military publications, regulations and his Personnel Management Officer (PMO) that he would be considered to be satisfactorily participating in the USAR if he were to accept assignment to the USAR Control Group (IRR) and attended a service school. The applicant concludes that he is qualified for promotion to lieutenant colonel, that he participated within both the spirit and the letter of Army regulations and other directives, and was...

  • ARMY | BCMR | CY2002 | 2002076921C070215

    Original file (2002076921C070215.rtf) Auto-classification: Denied

    The Army Board for Correction of Military Records (AC95-11710) finalized their action on the applicant's April 1993 application on 21 February 1996 noting, as part of their action, that the applicant's transfer to the Retired Reserve was void and of no force or effect, that he was credited with qualifying service for Reserve retirement for his retirement years, from the date of his voided transfer to the Retired Reserve to the date he returned to the active Reserve. The Board believes that...

  • ARMY | BCMR | CY2002 | 2002074087C070403

    Original file (2002074087C070403.rtf) Auto-classification: Approved

    The applicant requests reconsideration of his earlier appeal to have his records corrected to show that he is qualified for retired pay at age 60. Considering all the aspects of the case; but especially, that the applicant that he had completed 50 percent of C&GSC and had not required a waiver for his promotion to lieutenant colonel; that he had served consecutive qualifying years from the time entered active duty; that he had been making a real contribution the USAR by teaching classes...

  • ARMY | BCMR | CY1996 | 9607522C070209

    Original file (9607522C070209.txt) Auto-classification: Denied

    His request was denied based on his failure to complete 50 percent of the C&GSC prior to the convening of the second promotion board. While promotion consideration is mandatory, selection for promotion is contingent on an officer meeting promotion eligibility requirements and whether he or she has satisfactorily participated in Reserve training. The PERSCOM continues that the applicant’s contentions concerning his not being notified of his failure to be promoted on his first consideration...

  • ARMY | BCMR | CY1996 | 9606492C070209

    Original file (9606492C070209.txt) Auto-classification: Approved

    The applicant requests that he be paid for the drills he was unable to attend from 2 February 1987 to 31 July 1988 due to his erroneous discharge from the USAR. The applicant's military records show that while he was assigned to a USAR unit as a major, he was involuntarily discharged because he had been considered but not selected for promotion to lieutenant colonel on two occasions. Although his discharge has now been revoked and he has been credited with retirement points for the period...

  • ARMY | BCMR | CY2004 | 20040003944C070208

    Original file (20040003944C070208.doc) Auto-classification: Approved

    Army Regulation 135-175 states, in pertinent part, that officers in the grade of first lieutenant, captain, or major, who completed their statutory military obligation, will be discharged for failure to be selected for promotion after the second consideration by a Department of the Army Reserve Components Selection Board. He requests that the Secretary of the Army convene a special board to determine that he is entitled to be restored to active duty or to an active status in a Reserve...

  • ARMY | BCMR | CY2008 | 20080015402

    Original file (20080015402.txt) Auto-classification: Approved

    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. Consequently, due to the two concepts involved, an individual’s medical condition may not be considered to be a physical disability by the Army and yet be rated by the DVA as a disability. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding the...

  • ARMY | BCMR | CY2009 | 20090014550

    Original file (20090014550.txt) Auto-classification: Approved

    Title 10, U.S. Code, section 12646(a) states if on the date prescribed for discharge or transfer from an active status a Reserve commissioned officer is entitled to be credited with at least 18, but less than 19 years of qualifying service, he may not be discharged or transferred from an active status before the earlier of (1) the date on which he is entitled to be credited with 20 years of qualifying service or (2) third anniversary of the date on which he otherwise would be discharged or...

  • ARMY | BCMR | CY1995 | 9509377C070209

    Original file (9509377C070209.TXT) Auto-classification: Approved

    He outlines the errors he believes were made by the Army in his treatment, in the lessening of the rating recommended by both informal and formal physical evaluation boards (PEB’s) by the Physical Disability Agency (PDA), and that agency’s subsequent conclusion that his condition was not incurred while he was in a duty status and, therefore, not entitled to be separated due to disability with severance or retired pay. In support of his application he submits letters from the civilian...

  • ARMY | BCMR | CY2010 | 20100023640

    Original file (20100023640.txt) Auto-classification: Denied

    The applicant provides: * Officer Record Brief * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 January 2000 * Orders 99-089-050 (orders to active duty) * Medical records, progress notes, inpatient treatment records, vital signs, consult sheets, and operative reports * Multiple Leave and Earnings Statements (LES) * Orders 354-2227 (release from active duty) * DA Form 3349 (Physical Profile) * VA rating decision CONSIDERATION OF EVIDENCE: 1. The...