BOARD DATE: March 4, 2010
DOCKET NUMBER: AR20090010800
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 his U.S. Army Reserve (USAR) discharge orders, dated 24 June 2008, be revoked and that he be transferred to the Retired Reserve effective 16 July 2008.
2. The applicant states, in effect, that he was discharged from the USAR in July 2008 for a permanent physical disability and he did not receive any final determination or any documentation from the military. He contends that he just received a letter from his local command discharging him from the USAR. He goes on to state that at the time of his discharge he was still under contract and he feels his discharge has stayed locally and has not been forwarded to his higher command which is preventing him from receiving any benefits.
3. The applicant provides a notification of medical unfitness letter, dated 29 April 2008; his medical disqualification election form, dated 19 May 2008; a DA Form 3349 (Physical Profile), dated 4 April 2008; and a medical determination letter, dated 21 April 2008, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 20 December 1957. The applicant enlisted in the USAR on 10 March 1976. He was promoted to staff sergeant on 1 October 1993.
2. The applicant's Notification of Eligibility for Retired Pay at Age 60 (20-year letter) is dated 20 May 1998.
3. On 4 April 2008, the applicant was issued a permanent physical profile for chronic neck and low back pain.
4. On 29 April 2008, the applicant was notified that he had been found medically disqualified for continued service in the USAR and he was offered the following options: (1) request reassignment to the Retired Reserve, (2) request an honorable discharge from the USAR, or (3) request a review of his medical disqualification by a physical evaluation board.
5. On 19 May 2008, the applicant elected to be discharged from the USAR.
6. Headquarters, 90th Regional Readiness Command, Orders 08-176-00021, dated 24 June 2008, show the applicant was honorably discharged in the rank of staff sergeant from the USAR effective 16 July 2008.
7. Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) states, in pertinent part, that eligible Soldiers must request transfer/assignment to the Retired Reserve.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions were carefully considered. However, the evidence of record shows the applicant elected to be discharged from the USAR on 19 May 2008 and orders show he was properly discharged from the USAR effective 16 July 2008 based on his election. Therefore, there is no basis for granting the applicant's request.
2. 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 has failed to submit evidence that would satisfy this requirement.
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) AR20090010800
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