RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       28 November 2006
      DOCKET NUMBER:  AR20060003147


      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             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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, in effect, medical disability retirement and
transfer to the Retired Reserve with entitlement to retired pay upon
application.

2.  The applicant states, in effect, that his discharge orders should be
revoked and that he should be assigned to the Retired Reserve.  He also
states that because of a medical condition at the time of his discharge, he
could have qualified for medical retirement.

3.  The applicant provides no additional documents in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that he enlisted in the United
States Army Reserve (USAR) on 22 June 1983 for 6 years.  He entered on
active duty for training (ADT) on 19 April 1984 and was released from ADT
on 19 July 1984.

2.  He continued to serve in the USAR and reenlisted on 12 May 2000 for
4 years.  He was discharged from the USAR on 13 June 2000 and assigned to
the USAR Control Group (Reinforcement).

3.  He was reassigned from the USAR Control Group (Reinforcement) to a
troop program unit (TPU) on 6 August 2002, with expiration of his term of
service of 11 May 2004.

4.  On 25 September 2002, he was reassigned to the USAR Control Group
(Reinforcement) as a USAR TPU no-show from a USAR non-unit category
effective 24 September 2002.

5.  He was involuntarily reassigned to a TPU effective 14 October 2003.

6.  A representative form the US Army Reserve Command, G1 section, verified
that the applicant performed drills with the 81st Reserve Regional Command
up until 9 April 2004.  That office was unable to obtain orders
transferring the applicant to the Control Group in 2004.

7.  He was discharged from the USAR Control Group (Reinforcement), in pay
grade E-6, on 11 May 2004.

8.  His Chronological Statement of Retirement Points, dated 26 October
2006, shows he was credited with 17 qualifying years for his retirement
year ending 22 June 2003.
9.  The applicant will reach his 60th birthday on 2 October 2012.

10.  The Human Resources Command, St. Louis, Soldier Management System
(SMS), shows that on 22 August 2005, the applicant's case was returned from
The Surgeon General's Office with no information regarding a medical
evaluation board and no further action was required.

11.  Army Regulation 135-178 prescribes the policies for the separation of
enlisted Soldiers from the Reserve Components.  Chapter 12 of this
regulation provides for separation when it has been determined that an
enlisted Soldier is no longer qualified for retention by reason of medical
unfitness.

12.  Army Regulation 135-178, chapter 11, provides that no Soldier may be
held in service beyond the normal expiration of term of service unless the
expiration of term of service is extended by law.

13.  Public Law 106-55, enacted 5 October 1999, amended chapter 1223
(Retired Pay for Non-Regular Service) of Title 10, United States Code by
adding section 12731b, (Special rule for members with physical disabilities
not incurred in line of duty).  Section 12731(b) states that a member of
the Selected Reserve who no longer meets the qualification for membership
in the Selected Reserve solely because the member is unfit because of
physical disability pay, for the purpose of section 12731 (Age and Service
Requirements) of this title, be treated as having met the service
requirements and be provided with the notification required if he has
completed at least 15 years and less than 20 years of service.

DISCUSSION AND CONCLUSIONS:

1.  In view of the circumstances in this case, the applicant is not
entitled to medical disability retirement and transfer to the Retired
Reserve with entitlement to retired pay upon application.  He has not shown
error, injustice, or inequity for the relief he now requests.

2.  The evidence of record shows that the applicant had multiple transfers
between the USAR Control Group and TPUs.  His final separation was from the
USAR Control Group (Reinforcement) on 11 May 2004, in pay grade E-6, due to
expiration of term of service.  There is no documented evidence of a
medical condition rendering him unfit for continued military service or
that he underwent medical processing for separation from the USAR.

3.  It is concluded that the applicant did not meet the eligibility
requirements for completion of a 15 year retirement due to medical
unfitness.  Therefore, he was properly separated from the USAR in
accordance with regulatory guidance.
4.  In view of the foregoing, there is no basis for granting the
applicant’s request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___J____  __SP____  __DJP___  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.




                                  _____John T. Meixell_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2006003147                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061128                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |136.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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