IN THE CASE OF:
BOARD DATE: 3 November 2009
DOCKET NUMBER: AR20090007977
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 a 15-year letter.
2. The applicant states that she was denied retirement due to having only 15 years of service, that she became ineligible to complete her last 5 years due to medical reasons or she would have completed 20 years, and that her personnel management officer assured her that there was a provision if she had at least 15 qualifying years of service.
3. The applicant provides a letter, dated 18 December 2008, from the U.S. Army Human Resources Command, St. Louis, Missouri; copies of her U.S. Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points), discharge orders; a notification of medical disqualification; application for retired pay benefits; service medical records; and service personnel records in support of her application.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a second lieutenant in the U.S. Army Reserve (USAR) on 15 August 1984. She was promoted to major on 26 August 1998.
2. On 17 April 2000, the applicant was transferred from her troop program unit to the USAR Control Group (Reinforcement).
3. On 27 December 2006, the applicant was released from the USAR Control Group (Reinforcement) and assigned to the Standby Reserve (Inactive List) because she made no military service obligation election.
4. On 7 June 2007, the applicant was transferred from the Standby Reserve (Inactive List) to the USAR Control Group (Reinforcement).
5. On 18 June 2007, the applicant was notified of her medical disqualification for retention in the USAR due to multiple sclerosis, asthma, degenerative joint disease, and lower back pain with sensory dysesthesias.
6. On 31 August 2007, the applicant was honorably discharged from the USAR. There is no evidence these orders were revoked.
7. On 17 December 2007, the applicant was released from the USAR Control Group (Reinforcement) for being medically disqualified and assigned to the Retired Reserve.
8. On 18 December 2008, the applicant's application for retired pay was denied because she had not completed 20 qualifying years of Reserve service.
9. The applicants ARPC Forms 249-E, dated 14 September 2001, 25 October 2007, and 29 May 2008 show she had 15 years, 0 months, and 0 days of creditable service for retired pay.
10. Title 10, U.S. Code, section 12731b (Special rule for members with physical disabilities not incurred in line of duty) states a member of the Selected Reserve who no longer meets the qualifications for membership in the Selected Reserve solely because the member is unfit because of physical disability may, for the purposes 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 and less than 20 years of service.
DISCUSSION AND CONCLUSIONS:
Although the applicant completed 15 qualifying years of Reserve service, she was not in the Selected Reserve at the time she was found medically unfit for retention. Therefore, there is no basis for granting her 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.
_____________X____________
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) AR20090007977
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ABCMR Record of Proceedings (cont) AR20090007977
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