RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 February 2005
      DOCKET NUMBER:  AR2004106866


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Ms. Susan A. Powers               |     |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 retired
with sufficient time in grade to draw the retired pay of a Colonel, O-6.

2.  The applicant states that he transferred to the Retired Reserve because
he was no longer able to serve in the Ready Reserve due to a serious health
condition.  His unit personnel section informed him that he qualified for O-
6 retired pay at age 60.  After discussion with his unit medical doctor and
unit staff, he reached a conclusion that transferring to the Retired
Reserve was his only reasonable option.

3.  The applicant states that on 21 October 2003 (sic, should be 2002), he
was hospitalized after experiencing heart attack-like symptoms.  His unit
doctor felt he could not continue as a drilling Reservist.  He was told he
would have to go before a medical board at Fort Bragg in order to continue
as a drilling Reservist and it was highly probably he would be discharged.

4.  The applicant states that he subsequently discussed the possibility of
retiring and they explained that he could transfer to the Retired Reserve
and that he had enough time in grade to receive O-6 retired pay at age 60.
It appeared he had two options – go before a medical board and possibly be
discharged or transfer to the Retired Reserve.  The thought of discharge
was repulsive to him.  Retiring was a positive ending to his career and so
he requested transfer to the Retired Reserve.  However, he later discovered
that he needed 3 years time in grade to receive O-6 pay.

5.  The applicant provides his promotion orders; an Emergency Department
Record dated 21 October 2002; the results of a cardiolite stress test; the
results of a nuclear medicine stress and rest myocardial scan; a letter
from Bienville Medical Clinic dated 31 October 2002; an email dated 2
November 2002; a DA Form 4651-R (Request for Reserve Component Assignment
or Attachment); and his transfer to the Retired Reserve orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 18 October 1946.  After having had prior
enlisted service, he accepted a commission in the U. S. Army Reserve (USAR)
in January 1976.  He transferred to the Army National Guard in January
1980.  He transferred back to the USAR in December 1994.

2.  On 23 February 2001, the applicant was promoted to Colonel, O-6 in the
USAR, Civil Affairs branch.
3.  On 21 October 2002, the applicant reported to the emergency room with
chest and arm pains.  By letter dated 31 October 2002, the applicant's
doctor informed his unit that, while he was in the emergency room, he was
treated as though he was having a heart attack.  After extensive testing,
it was determined that his symptoms were from excessive stress.  He was
also being treated for hyperlipidemia (high cholesterol).  The doctor
stated that, with those risk factors, the applicant was on the road to
having a true cardiac event.  He strongly urged the applicant retire from
the military and change his lifestyle if he wanted to survive to live a
healthy life.

4.  By email dated 2 November 2002, [the unit doctor] noted that the
applicant had demonstrated increasing health problems culminating with
incapacitating vertigo and syncopal episodes associated with chest pains
that would change his physical category to a P-4.  [The unit doctor] noted
that the applicant was non-deployable and should be boarded out of the
service.

5.  On 12 November 2002, the applicant requested transfer to the Retired
Reserve.  An entry in item 8 (Remarks) of his DA Form 4651-R noted that he
had been informed by his [physician] that, due to serious health reasons,
it would be in his best interest, healthwise, to go into the Retired
Reserve.

6.  Effective 10 December 2002, the applicant was transferred to the
Retired Reserve.

7.  Title 10, U. S. Code, chapter 1223 (retired pay for non-regular
service), section 12771 states that, unless entitled to a higher grade
under another provision of law, a reserve commissioned officer who is
transferred to the Retired Reserve is entitled to be placed on the retired
list in the highest grade in which he served satisfactorily as determined
by the Secretary concerned and in accordance with section 1370(d).

8.  Title 10, U. S. Code, section 1370(d)(Reserve officers), subsection
(3)(A) states that, in order to be credited with satisfactory service in an
officer grade above major, a person must have served satisfactorily in that
grade (as determined by the Secretary of the military department concerned)
as a reserve commissioned officer in an active status, or in a retired
status on active duty, for not less than three years.

9.  Title 10, U. S. Code, section 1370(a) (active duty officer
retirements), subsection (2)(A) provided for the Secretary of Defense to
allow a Service Secretary to grant a 1-year waiver of the 3-year time-in-
grade rule during the period 1 October 1990 through 31 December 2001.  This
section was amended in fiscal year 2004 to permanently allow the Secretary
of Defense to authorize a Service Secretary to reduce the time in grade
rule.

10.  In the processing of this case, the analyst contacted the Office of
The Surgeon, U. S. Army Human Resources Command - St. Louis.  That office
stated that, based on an informal review of the limited documents provided
by the applicant, it appears the applicant would have been found to be fit
for duty, possibly needing to go to a Military Occupational
Specialty/Medical Retention Board (MMRB).

11.  The analyst also contacted the MMRB coordinator for the U. S. Army
Reserve Command.  That individual stated that, based on his very limited
capacity as an MMRB coordinator and on the documents provided by the
applicant, he compared the applicant's case to a recent case they
evaluated.  In that case, the Soldier was referred to a Medical Evaluation
Board (MEB) for further evaluation.  He stated that, on critical matters
like this (possible heart conditions), their position is to allow the
medical experts to evaluate/review and determine the best course of action
or alternative for the Soldier concerned.

12.  The unit doctor who sent the 2 November 2002 email was also contacted.
 He was asked if he could give his memory of the events leading to the
applicant's separation without referral to an MEB.  He responded that he
was unable to give assistance.

13.  The above communications were provided to the applicant for comment or
rebuttal.  He responded that he is still in the process of contacting
members of his old unit, understands that the Board will have to consider
his case based on the current evidence available, and understands that he
may submit a request for reconsideration when he obtains additional
evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and the evidence he provided have been
carefully considered; however, there is insufficient evidence on which to
grant his request.

2.  The Board notes that the unit doctor's 2 November 2002 email indicated
that the applicant was non-deployable and should be boarded out of the
service.  The Board analyst contacted the doctor to verify that he also
informed the applicant that he (the doctor) felt the applicant could not
continue as a drilling Reservist, that he would have to go before a medical
board, and that it was highly probably the applicant would be discharged.

3.  Item 8 of the applicant's DA Form 4651-R requesting transfer to the
Retired Reserve noted that he had been informed by his [physician] that,
due to serious health reasons, it would be in his best interest,
healthwise, to go into the Retired Reserve; however, in an email to the
Board analyst the doctor failed to confirm that he advised the applicant to
go into the Retired Reserve without referral to an MEB.

4.  There is also no evidence that the applicant was advised by his unit
that he had enough time in grade to receive O-6 retired pay at age 60.
Regrettably, in the absence of an affidavit or statement from the unit
commander or other officials from his unit's personnel office, there is
insufficient evidence on which to determine that the applicant requested
transfer to the Retired Reserve based on improper counseling.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mkp___  __sp____  __sap___  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.




            __Margaret K. Patterson
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004106866                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |136.06                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]