IN THE CASE OF:	  

		BOARD DATE:	  9 February 2012

		DOCKET NUMBER:  AR20110012419 


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, change of her retirement date to
1 November 2010.

2.  The applicant states, in effect:

	a.  not allowing her to complete 20 years of service was an injustice.  She is 25 days shy of completing 20 years.  She wants her medical retirement date 
(7 October 2010) and non-regular retirement date (1 November 2010) to be the same date.  She believes an injustice occurred with her retirement points for drills in October and November 2010 due to an administrative error at her unit.

	b.  in August 2009, she underwent a Medical Evaluation Board (MEB) and her case was referred to a Physical Evaluation Board (PEB).  The PEB decision was completed in August 2010 and the PEB's recommendation of 60 percent (%) disability rating percentage was then forwarded to the Physical Disability Agency (PDA) after she signed it on 27 August 2010.  She was counseled on the PEB finding and estimated disability compensation.  Her retirement date was to be
1 November 2010.  She anticipated that she would be allowed to reach the
1 November 2010 date to be eligible for her full retirement.  This was based on the fact her counselor indicated it would take a few months for the decision to return from the PDA.  Much to her astonishment the PDA decision came back in September 2010 with a decision to place her on the medical retired list effective
7 October 2010.


	c.  she had been performing her Reserve monthly drill and her two weeks, thus resulting in a total of 63 points by August 2010.  This by definition is a good year.  The 7 October 2010 date resulted in her record being shy of 20 years by only 25 days.

	d.  she returned back to drilling in November 2010.  She performed her drills in November and December 2010 but for those months the time was never recorded in her record.  The first 2 months she was back to her unit she drilled but she was never paid because her unit administrator advised her that he could not access her records.  She made attempts to get this corrected.  This resulted in a loss of points and pay.  Her medical disability basic pay was calculated on
19 years, 10 months, and 22 days.  It is her belief this decision was not in her best interest and a 20-year letter would allow her to meet the eligibility for concurrent receipt of military retired pay and Veterans disability compensation.

	e.  she applied for Combat-Related Special Compensation (CRSC) and it was denied.

3.  The applicant provides:

* Retirement orders
* Department of Veterans Affairs decision letter
* Un-submitted retirement packet
* Emails to her unit
* DA Form 5892 (PEBLO Estimated Disability Compensation Worksheet)
* DA Form 199 (PEB Proceedings)
* APRC Form 249-E (U.S. Army Reserve Personnel Command Chronological Statement of Retirement Points)
* CRSC denial letter 

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a first lieutenant in the U.S. Army Reserve (USAR), Nurse Corps, on 16 November 1990.  She was promoted to lieutenant colonel (LTC) effective 5 July 2007.

2.  On 10 June 2010, the Army Board for Correction of Military Records (ABCMR) adjusted her retirement year ending (RYE) date to allow her to complete 20 years of qualifying service for non-regular retirement on 1 November 2010.

3.  Her MEB is not available for review.  On 2 August 2010, an informal PEB found the applicant physically unfit and recommended her separation from the 


Army with permanent disability at 60%.  It appears on 27 August 2010, she concurred with the PEB's findings and recommendation.  The U.S. Army Physical Disability Agency (USAPDA), Washington, D.C. subsequently approved the PEB's findings and recommendation.

4.  Orders D245-13, issued by the USAPDA, dated 2 September 2010, show she was released from assignment and duty because of physical disability incurred while entitled to basic pay and under conditions that permit her retirement for permanent disability.  She was placed on the Retired List effective 7 October 2010 in the rank of LTC.  Her basic pay was calculated at 19 years, 10 months, and 22 days.

5.  Her Retirement Detail History does not show she earned any retirement points after 25 September 2010.

6.  Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  The regulation states a Soldier may not be retained or separated solely to increase retirement or separation benefits.  

DISCUSSION AND CONCLUSIONS:

1.  She contends her retirement points are in error because she drilled in October and November 2010 and they were never entered on her records.  However, her Retirement Detail History does not show she earned any retirement points after 25 September 2010.  There is no evidence and she provided no evidence that shows she earned any retirement points in October or November 2010.  In addition, she acknowledged that she knew in September 2010 that the decision had been made to medically retire her effective 7 October 2010, and she should have known that she would not be allowed to earn drill points after that effective date.

2.  Although the ABCMR adjusted her RYE date to allow her to complete 20 years of qualifying service for non-regular retirement on 1 November 2010, it appears she concurred with the PEB's findings and recommendation (permanent disability retirement) on 27 August 2010.  The USAPDA approved the PEB's findings and recommendation, and as a result, she was placed on the Retired List effective      7 October 2010 by reason of permanent physical disability and her basic pay was calculated at 19 years, 10 months, and 22 days.

3.  Although she contends it was an injustice she was not allowed to complete
20 years of service, the governing regulation states a Soldier may not be retained to increase retirement benefits.

4.  Since the applicant did not complete 20 qualifying years of service for retirement, 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.



      _______ _  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)                                         AR20110012419



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110012419



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1