IN THE CASE OF:	  

		BOARD DATE:	  1 December 2009

		DOCKET NUMBER:  AR20090010918 


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 Medical Retention Processing 2 (MRP2) orders for the period from January 2009 to September 2009 in order to cover two surgeries needed for injuries sustained during Operation Iraqi Freedom (OIF). 

2.  The applicant states that he was mobilized in February 2003 and served in Iraq from March 2003 to March 2004.  Upon his return from Iraq, he was placed on medical hold at Fort Bragg, NC and needed two shoulder surgeries.  He had his first surgery in June 2004.  He adds that there were some complications with this surgery and that they were not fixed until November 2004.  He was told that he had been on medical orders for nearly one year, that the medical unit was being cleared out, and that he would get other treatment to the local Department of Veterans Affairs (DVA) clinic.  But he was never briefed on the MRP2 program.  When he returned to his unit in 2005, his unit administrator told him he was ineligible for the MRP2 program.  His unit was disbanded and he was then transferred to another unit that was being mobilized in 2007; yet, he was found medically unfit for mobilization.  He adds that no one in his chain of command including the U.S. Army Human Resources Command (USAHRC) knows the proper procedure for MRP2 orders.  There is a major gap in medical coverage for Army Reservists.  The medical unit at Fort Bragg, NC, was interested in reducing the number of personnel in the unit which left him with a brand new doctor who did not have the appropriate knowledge.  No one cared and there were no avenues of appeal.  Even when he returned to his unit, no one cared to help.  He ultimately did what the Army said; he went to the VA hospital after having put the surgery on hold trying to figure out the way to receive pay while he was out of work.  He has two surgeries in January and June 2009 and would need 3 to 4 months of physical therapy as of the date of submitting this application. 

3.  The applicant provides a copy of his DA Form 2173 (Statement of Medical Examination and Duty Status), dated 6 May 2004; a copy of the Headquarters, Department of the Army (HQDA), G-1, memorandum, dated 13 March 2009, denying his MRP2 request; a copy of his DD Form 220 (Active Duty Report), dated 11 October 2006; a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 8 May 2005; and copies of numerous emails with various individuals regarding the MRP2, in support of his request.  

CONSIDERATION OF EVIDENCE:

1.  Having had prior enlisted service, the applicant’s records show he was appointed as an Ordnance second lieutenant in the U.S. Army Reserve (USAR) and executed an oath of office on 9 June 1989.  He subsequently served in various staff and/or leadership positions and was promoted to captain on 29 September 1998.  

2.  On 7 February 2003, the applicant was ordered to active duty for a period of 365 days in support of OIF and subsequently served in Iraq from 2 April 2003 to 19 March 2004.  

3.  On or about 15 November 2003, while loading a 5-ton truck at Camp Arifjan, Kuwait, the applicant slipped and fell.  He injured his neck, shoulder, and back.   

4.  On 7 June 2004, USAHRC-St. Louis published Orders A-06-405172 ordering the applicant’s retention on active duty for a period of 179 days, terminating on 29 November 2004, to voluntarily participate in the Reserve Component (RC) Medical Holdover MRP program for completion of his medical care and treatment.  He was assigned to the U.S. Army Garrison, Fort Bragg, NC.

5.  On 27 October 2004, USAHRC-St. Louis published Orders A-06-405172A2 amending the applicant’s unit of assignment to show assignment to the Medical Retention Unit, Fort Bragg, NC, and the period of assignment from 179 days terminating on 29 November 2004 to 358 days terminating on 27 May 2005. 

6.  On 31 January 2005, by memorandum addressed to the Commander, 81st Regional Readiness Command (RRC), Birmingham, AL, the Chief, Reserve Components Personnel, Support Services Branch, USAHRC-Alexandria, VA, stated that the approved Line of Duty investigation was forwarded to the applicant’s unit for filing and possible future action.  He added that the applicant had a medical condition that could possibly require follow-up care.  The applicant had remained on active duty to complete his medical care under the MRP and that upon his release from active duty he could apply for the MRP2.  If the applicant chose MRP2, he would be ordered to active duty at an active duty installation that could treat his medical condition at the time.  

7.  On 1 April 2005, by memorandum, the Chief, Personnel Affairs Branch, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, made a final determination of the applicant’s 15 November 2003 injuries as “In Line of Duty.” 

8. On 8 May 2005, the applicant was honorably released from active duty (REFRAD) to the control of his USAR unit by reason of completion of his required active service.  He was assigned to Headquarters and Headquarters Company, 171st Area Support Group, Garner, NC.

9.  On 20 September 2005, the applicant was promoted to major.

10.  On 15 March 2006, the applicant was reassigned from his Troop Program Unit (TPU) of assignment to another TPU, the 207th Army Liaison Team, 1st Combat Support Command, Fort Bragg, NC. 

11.  On 9 August 2006, the applicant was issued a permanent physical profile for chronic right shoulder pain and chronic right hip pain.

12.  On 15 August 2006, USAHRC-St. Louis published Orders 06-227-00047 ordering the applicant to active duty in support of contingency operations.  He entered active duty on 18 September 2006 and reported to Fort Dix, NJ on 21 September 2006.  However, after undergoing a completed medical examination at the Fort Dix, NJ, Medical Joint Readiness Center on 6 October 2006, he was diagnosed with combat trauma and was released from active duty on 11 March 2006. 

13.  On 9 January 2007, the applicant was issued another permanent physical profile for combat stress disorder, right shoulder pain, and right hip pain.

14.  On 13 March 2007, the applicant was issued a Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).  This letter notified him that he had completed the required years of qualifying service and would be eligible for retired pay on application at age 60. 

15.  The applicant submitted an exchange of emails with various individuals as follows: 

	a.  on or about 10 October 2008, he submitted a DA Form 4187 (Personnel Action) requesting MRP2 status through his unit administrator.  A copy of the DA Form 4187 is not available for review with this case; 

	b.  on 20 October 2008, the Health Readiness Coordinator, 81st RRC, notified the unit administrator that the applicant failed to sign the DA Form 4187; 

	c.  on 21 October 2008, the applicant was notified of the need for a signature on the DA Form 4187; 

	d.  On 23 October 2008, the Health Readiness Coordinator, 81st RRC, forwarded through the 81st RRC, to USAHRC-St. Louis; 

	e.  on 14 December 2008, USAHRC-St. Louis identified several deficiencies with the request and informed the applicant’s chain of command that his request was missing the signature authority memorandum, was not submitted within 6 months, did not include a letter explaining the reason for the request, and was missing a physician’s statement not older than 90 days. 

16.  On 13 March 2009, by memorandum, and officer at HQDA-G1 notified the applicant that his request for exception to the MRP2 6-month policy was denied.

17.  Army G-1 website at ttp://www.armyg1.army.mil/MilitaryPersonnel/policy.asp publishes procedural guidance regarding the RC Active Duty Medical Extension (ADME), MRP, and MRP2 programs.  It states, in pertinent part: 

	a.  Soldiers mobilized for Global War On Terror (GWOT) connected contingency operations who fail to meet medical or/and dental deployment standards (because of a temporary or permanent pre-existing medical or/and dental condition) will be identified within the first 25 days of mobilization, REFRAD, returned to their prior reserve status, and returned to their home address.  Administrative processing of REFRAD orders, Soldier out-processing, and return to home of record must be completed no later than 30 days from Soldier’s mobilization-date (M-date).  They are subject to a subsequent order to active duty as a replacement upon resolution of the medical condition.  It is the responsibility of the returned Soldier’s Reserve Component to address the medical condition that prevents deployment.

	b.  The MRP program came on line 6 March 2004.  The program eliminated the pressure on the ADME program and to better serve the RC Soldiers mobilized in support of the GWOT contingency operations who are wounded, incur an injury, or aggravate a previous illness or disease in the line of duty.  This program applies only to RC Soldiers currently on active duty for contingency operations connected to the GWOT under partial mobilization Title 10, U.S. Code (USC), section 12302 orders after 6 March 2004.  When a Soldier incurs an illness, injury, or disease, or aggravated a pre-existing medical condition in the line of duty and military medical authority determines that the Soldier is not expected to return to duty (RTD) within 60 days of the time he or she is injured or becomes ill and will not have at least 120 days left on his/her partial mobilization orders beyond the expected RTD date, then the Soldier is eligible to voluntarily enter the MRP program.

	c.  The intent of the MRP2 Program is to return voluntarily to active duty for specific medical purpose, Soldiers with unresolved mobilized-connected medical conditions that were either not identified or did not reach optimal medical benefit prior to their REFRAD.  The MRP2 program authorizes the temporary return to an active duty status for MRP of RC Soldiers previously mobilized in support of GWOT.  Under MRP2, Soldiers may voluntarily return to active duty specifically for medical evaluation/treatment and, if necessary, processing through the Physical Disability Evaluation System (PDES) for injury or disease incurred in, or for preexisting medical conditions aggravated in, the line of duty during their previous period of mobilization in support of GWOT.  This program applies only to Soldiers with documented unresolved mobilization-connected medical conditions who were previously mobilized in support of GWOT, who have already been REFRAD, and who are still members of the Army Selected Reserve (SELRES) or the Individual Ready Reserve (IRR).  RC Soldiers mobilized in support of GWOT may apply for MRP2 if they fall into one of the following periods of eligibility:

		(1)  REFRAD on or between 1 January 2003 and 28 April 2006.  Soldiers in this category have six months from 28 April 2006 to make application to the MRP2 program.  Application packets must be postmarked no later than 28 October 2006.

		(2)  Soldiers who REFRAD after 28 April 2006 have six months from their date of REFRAD to make application to the MRP2 program.  Application packets must be postmarked no later than six months from the date of REFRAD.  

	d.  Soldiers will make application through their current unit of assignment to USAHRC-Alexandria for consideration.  USAHRC-Alexandria determines whether Soldiers meet administrative criteria to enter the MRP2 program.  The Office of the Surgeon General/Medical Command (OTSG/MEDCOM) MRP2 Medical Review Board (MRB) shall consider each application forwarded from USAHRC-Alexandria on its own merit and provide a written medical recommendation based on its findings.  When the OTSG/MEDCOM MRP2 MRB determines that it is medically appropriate to return a Soldier for MRP2 purposes, USAHRC-Alexandria will publish orders placing the Soldier on active duty orders under the provisions of section 12301(d), Title 10, USC. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be returned to active duty under the MRP2.  

2.  The evidence of record shows the applicant sustained an injury during his deployment in support of OIF.  He was subsequently extended on active duty under the MRP for the purpose of completion of his medical care and treatment.  He appears to have reached optimal medical benefit for his initial injury.  Once he completed his treatment, he was honorably REFRAD on 8 May 2005 to the control of his USAR unit.  

3.  The applicant’s request for MPR2 is not available for review with this case; however, the email exchange suggests that he submitted his request on or about 10 October 2008, over 3 years after his REFRAD.  RC Soldiers mobilized in support of a contingency operation may apply for MRP2 within six months from their date of REFRAD.  

4.  It appears that officials at USAHRC-Alexandria determined that his medical condition at the time of his MPR2 submission did not warrant approval of an exception to the 6-month rule and denied his request.  In the absence of evidence to the contrary, it must be presumed that OTSG/MEDCOM MRP2 MRB considered the applicant’s application and determined that it was not medically appropriate to return him for MRP2 purposes.  

5.  The applicant contended that he was never briefed on the MRP2 program  and that his unit administrator told him he was ineligible for the program.  However, in a 31 January 2005 memorandum addressed to the Commander, 81st RRC, the Chief, Reserve Components Personnel, Support Services Branch, USAHRC-Alexandria, stated that after the applicant’s REFRAD he could apply for the MRP2 program.  He provides insufficient evidence to show the information contained in this memorandum was not relayed to him.

6.  Aside from his personal dissatisfaction with what he perceives as unfair treatment of RC Soldiers, the applicant provides no compelling evidence with his application to this Board to grant him an exception to policy for the MRP2 program.  



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)                                         AR20090010918



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090010918



7


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1