IN THE CASE OF:
BOARD DATE: 11 AUGUST 2009
DOCKET NUMBER: AR20090004276
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, in effect, that she be reinstated in the U.S. Army Reserve (USAR).
2. The applicant states, in effect, that she was forced to sign a DA Form 4651 (Request for Reserve Component Assignment or Attachment) to retire in 2008. She states that she wanted to go before a Military Occupational Specialty Medical Retention Board (MMRB) instead of a Physical Evaluation Board (PEB). She contends that she was told she would lose her retirement benefits if she did not sign the form. She indicates that she was sent to a PEB and she explained that her kidneys began failing while on annual training in Puerto Rico in 1997; however, no one would listen to her or the Judge Advocate General officer. She claims a colonel, the executive officer, and the company commander continued to force her to sign the DA Form 4651 to retire. She tried to tell them that she had a Department of Veterans Affairs (DVA) claim pending, that she was having difficulties obtaining her records from her old unit, that she lost her records due to Hurricane Katrina, and that the officers were putting unnecessary stress on her causing her to have a Lupus flare up. She further states that she could have contributed in the Logistics area in her finance branch for her unit.
3. The applicant provides memoranda, dated 27 February 2008 and 5 October 2007; a DA Form 2173 (Statement of Medical Examination and Duty Status); a DVA letter, dated 2 February 2007; a letter, dated 29 August 2007, from her physician; and a letter, dated 15 April 2007, she wrote to a colonel in support of her application. She also indicates that she provided a copy of the DA Form 4651; however, this form is not available.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR on 11 November 1976. On 11 May 1984, she was appointed a second lieutenant in the USAR. On 21 May 1991, she was promoted to captain. Her notification of eligibility for retired pay at age 60 (her 20-year letter) is dated 11 December 1996. On 23 March 2000, she was discharged from the USAR.
2. In August 2005, the applicant was notified that she was selected for promotion to major by a Department of the Army Standby Advisory Board in 2004 and her promotion date to major was established as 19 July 2000. She immediately reentered the USAR.
3. On 14 September 2007, a formal PEB found her unfit for duty (non-duty related) due to systematic lupus with renal failure. The formal PEB recommended the applicant's case be referred to the USAR for disposition.
4. The DA Form 2173 the applicant provided, dated 9 February 2008, is mostly illegible and appears to be incomplete.
5. The final USAR disposition is not available.
6. The applicant's DA Form 4651 is not available.
7. Apparently, the applicant retired in 2008 after executing a DA Form 4651.
DISCUSSION AND CONCLUSIONS:
The applicant's contentions were carefully considered. However, a formal PEB found the applicant unfit for duty in September 2007. In the absence of evidence to the contrary, it must be presumed that the applicants separation/retirement was administratively correct and in conformance with applicable regulations. As a result, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ ____X____ 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.
_______ _ 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) AR20090004276
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ABCMR Record of Proceedings (cont) AR20090004276
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