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Decision Text

ARMY | BCMR | CY1997 | 9705910
Original file (9705910.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That she be transferred to the Retired Reserve as a result of her medical disqualification.
APPLICANT STATES: In effect, that she is eligible for early qualification for retired pay at age 60 under Title 10, U.S. Code, Section 12731a.

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

She enlisted in the U.S. Army Reserve on 15 April 1980. Her military occupational specialty (MOS) was 81Q (Terrain Analyst).

Evidence shows that at the end of retirement year ending 14 April 1994, the applicant had completed 14 years of qualifying-for-retirement (earned 50 or more retirement points a year) service.

The applicant had been given an authorized absence for not attending IDT meetings due to illness at least for the months of July - September 1995.

On 8 March 1996, the applicant underwent a formal physical evaluation board (PEB) for a diagnosis of pemphigus vulgaris with associated acne and leukocytosis secondary to use of steroids for control. The PEB found the disability prevented her from carrying out the duties of her MOS with a zero percent disability. The condition was not considered proximate to performing military duty and there was no causal relationship between her military duty and her condition. The PEB recommended she be separated from the service without disability benefits.

On 20 May 1996, the applicant was discharged from the U. S. Army Reserve, in pay grade E-6, without disability benefits.

Title 10. U.S. Code, section 12731a is the temporary special retirement qualification authority. A revision dated 5 October 1994 provided that, during the period 1 October 1991 through 30 September 1999, a member of the Selected Reserve who has completed at least 15, and less than 20, years of qualifying service and who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability, and upon the request of the member, may be transferred to the Retired Reserve. Notification to the U.S. Army Reserve of this benefit was not given until 1 July 1996.

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

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

2. In addition to the requirement to be found medically disqualified for retention, the cited section in Title 10 requires the member to have at least 15 years of qualifying service in order to be eligible for early qualification for retired pay at age 60. Evidence that the applicant has provided shows that she has completed only 14 years of qualifying service.

3. In view of the foregoing, 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




                                   Loren G. Harrell
                                                      Director

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