IN THE CASE OF:	  

		BOARD DATE:	        3 September 2008

		DOCKET NUMBER:  AR20080009017 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests reconsideration of her request for reinstatement to active status in the US Army Reserve (USAR) in order to complete 20 years of service for non-regular retirement.

2.  The applicant states, in effect, that she is providing copies of medical records from 1995-1997 showing that she was being treated for her mental disorder prior to her transfer to the U.S Army Reserve (USAR).  She contends that she was not diagnosed with bipolar disorder until October 2000.  She was not able to work her civilian job since 1995 and she could barely perform the monthly drills.  During a drill weekend in February 1997, she went into a rage, and it was at that time she decided to transfer to the USAR Control Group (Reinforcement).  She again contends that she could not complete any correspondence courses at that time, because of her mental condition.  

3.  The applicant provides copies of her medical records; correspondence from the Miami County Department of Human Resources; and an information paper about bipolar disorders.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20060008346, on 8 March 2007.

2.  The applicant's records show service in the Army National Guard (ARNG) and the USAR from 22 January 1979 through 3 December 2004.  Her ARPC Form 249-2-E (Chronological Statement of Retirement Points) shows during her first 18 years of Reserve component service, she earned 18 years of creditable qualifying service for non-regular retirement purposes.  Thereafter, from 22 January 1997 until her discharge on 3 December 2004, she earned no credit for retirement purposes.

3.  The applicant was a two-time non-select for promotion to major.  On 26 July 2001, she was notified of her second pass over.  The notification stated, "As a result of this second nonselection, you must be discharged [emphasis added] in accordance with Title 10, US Code 14513 or Army Regulation 140-10, your established removal date is not later than 1 January 2002, unless you are eligible for and request transfer to the Retired Reserve."  However, even facing mandatory discharge, the applicant was given a 3-year waiver in order to attain the 2 years of service needed to qualify for retirement.  During the period from 22 January 1997 through 3 December 2004, including the 3-year waiver period from 2001 through 2004, she was a member of the USAR, but she did not earn a single qualifying year of service for non-regular retirement purposes during that entire 7 years, 10 months, and 12 days period.

4.  The applicant has submitted copies of medical records from 1995 – 1997.  Medical progress notes from 29 September 1995 through 3 November 1995 show the applicant was treated for depression, panic attacks, and anxiety.  

5.  A 2 October 1995 record shows she was being treated for recurrent major depression.  She was concerned about her anxiety and long-standing depression.  She was stressed by a sexual harassment case in the past year; she had trust issues; and she had relationship concerns with her 14-year old daughter.

6.  A 15 November 1995 statement from her treating physician indicates that the applicant received treatment for depression since October 1995.  She was improved with the present medication.  He indicated she could think straight, felt better, had more energy and motivation, and could sleep well.  She was diagnosed with inherent depression which ran in her family.  She was taking Zoloft and Atarax which did not interfere with her daily duties. 

7.  On 9 December 1995, the applicant was issued a temporary physical profile through 10 February 1996 for depression.

8.  On 9 June 1997, the applicant was granted temporary assistance for needy families and food stamps from the Miami County Department of Human Services.  
9.  A 20 May 1997 letter from her treating physician indicates that she was being treated for depression and panic attacks, and that she could not work.  

DISCUSSION AND CONCLUSIONS:

1.  As previously stated, the evidence shows that the applicant was a two time pass over in July 2001 and she was required by law to be removed from active status.  The evidence also shows that she was retained for an additional 3 years, as allowed by law, to attain her 20 years.  By law, she is not eligible for further retention or reinstatement.  Although her medical evidence considered in the initial case shows she was being treated for depression and an anxiety disorder, there is no evidence to show she was found medically unfit until December 2004.

2.  The applicant provided medical evidence that she was being treated for depression and panic attacks from 1995 through 1997.  A statement from her attending physician indicated that she could not work because of her mental condition.  She obtained temporary assistance for needy families and food stamps from the Miami County Department of Human Services in June 1997 prior to voluntarily requesting transfer to the USAR Control Group (Reinforcement).  Since she had medical evidence that she could not work because of her mental condition, she should have presented this evidence to her military chain of command and competent military medical authorities.  However, she elected to voluntarily transfer to the USAR Control Group (Reinforcement) where she had over 7 years (1997 – 2003) to complete correspondence courses to attain 20 years of qualifying service for retirement, and she failed to do so.  She also failed to raise her mental condition as a mitigating circumstance throughout the entire period.  In July 2001, she was retained for an additional
3 years, and she still did not complete the requirements for non-regular retirement.  

3.  The applicant may have been eligible to a 15-year disability retirement in July 1997; however, there was no finding that she was medically disqualified for retention in the USAR at that time.   Her Officer Evaluation Report she received in March 1997 showed she exceeded performance requirements during the rating period and she did not provide any evidence to contravene her evaluation. In addition, she had medical opinions from her civilian physicians stating that she could not work, but she obviously did not submit this evidence at the time either.


4.  Given the above, the applicant has not provided sufficient evidence to change the Board's previous decision.  In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit any evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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 to amend the decision of the ABCMR set forth in Docket Number AR20060008346, dated8 March 2007.


															XXX
      ______________________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080009017



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ABCMR Record of Proceedings (cont)                                         AR20080009017



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