| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Mr. Melvin H. Meyer | Chairperson | |
| Mr. John T. Meixell | Member | |
| Mr. Eric N. Andersen | Member |
APPLICANT REQUESTS: Reconsideration of his previous application to correct his records by showing that he involuntarily separated from the Army Reserve because of medical unfitness and elected transfer to the Retired Reserve with eligibility for retired pay at age 60.
APPLICANT STATES: That the additional documents he provides now show that he was involved in a motor vehicle accident on 8 March 1996, was treated for his injuries from 9 March 1996 through 12 May 1997, and was unable to continue Reserve training because of his injuries. He also does not recall receiving instructions to report for a medical examination. He states that he would not have missed such an appointment to prove the severity of his injuries.
NEW EVIDENCE OR INFORMATION: Incorporated herein by reference are military records which were summarized in a memorandum prepared to reflect the Board's original consideration of his case on 20 September 2001 (AR2001055594).
The applicant submits a copy of the police department incident report of 8 March 1996, which shows that the applicant's vehicle was struck from behind by another vehicle resulting in "very light fender damage to both vehicles." The block concerning nature of injury shows "N/A."
The applicant submits copies of civilian medical reports concerning his treatment for back and shoulder pain beginning on 9 March 1996 and continuing through 12 May 1997. A 5 June 1997 report from his civilian physician provides diagnosis of 1) Strain-sprain cervical-thoracic-lumbar spine, 2) Cerebral concussion, 3) Shoulder sprain, 4) Bulging discs at C3-4-5-6-7, disc protrusion at L1-2, L5-S1. The doctor states that he had released the applicant from his care as of 2 June 1997 but he still had some remaining residual symptoms. His conditions would cause loss of range of motion and would result in a 15 percent serious impairment of bodily function in the back and neck.
The applicant provides a new Chronological Statement of Retirement Points that shows he is credited with 19 years and 2 days of qualifying service for retirement at age 60. The statement also shows that he has only 5 years of Reserve Component service qualifying for retirement at age 60. Based on his date of birth of 3 September 1958, his date of mandatory removal was not until 30 September 2018.
The applicant states that he does not remember being scheduled for a physical examination to support his continued absences. His records contain a copy of a 15 August 1996 memorandum from his unit commander concerning his absence from unit training on 10 and 11 August 1996. Page two of the memorandum, in paragraph 11, states that the applicant was scheduled for a profile physical on 7 September 1996, at 1000 hours. The return receipt for this document shows that the applicant signed for it on 16 August 1996.
As stated in the 20 September 2001 Memorandum of Consideration of the applicant's prior case review, the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337) amended Title 10, United States Code, section 1331a(c). The modification allowed Reserve Component soldiers who were involuntarily separated between 5 October 1994 and 30 September 1999 because of medical unfitness to elect transfer to the Retired Reserve for Reserve retirement pay at age 60 based on a minimum of 15 years of qualifying service toward Reserve Component retirement. The individual must also have met the requirement of having performed the last 6 years of qualifying service in the Reserve Components as outlined in Title 10, United States Code, section 1331(a) and the new subsection (f).
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The evidence of record clearly shows that the applicant signed for receipt of the notification that he was scheduled for a profile physical on 7 September 1996. He failed to meet the scheduled appointment and took no further steps to request transfer or discharge for medical reasons.
2. Additionally, the applicant did not meet the statutory requirement of the Public Law for early retirement because he did not perform the last 6 years of qualifying service in a Reserve Component. If otherwise qualified, he has almost 16 years to obtain additional qualifying service for retirement.
3. The overall merits of the case, including the latest submissions and arguments are insufficient as a basis for the Board to reverse its previous decision.
4. 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
__mm___ ___jm__ ___ea___ DENY APPLICATION
| CASE ID | AR2002074186 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20021105 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 136.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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