IN THE CASE OF:	

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20110019866 


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 that she be paid from 26 June to 19 September 2011, that she receive stop loss pay from 28 February 2009 to 19 October 2011 and that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show all periods of active duty.

2.  The applicant states that she was called up after submitting a request for transfer to the Retired Control Group in October 2008.  Her orders started in February 2009.  She goes on to state that she was told that she would be retired on 31 January 2010 while on Contingency Operation for Active Duty Operational Support (COADOS) from 2011 through 2012.  She continues by stating that she was on involuntary mobilization orders for 22 months.  She also states that if her adjusted retirement date is correct, she was stop lossed.  She further states that 5 days after she had surgical repair for a torn biceps tendon she was discharged and did not receive any physical therapy and was denied care in Warrior Transition for her line of duty injury.  She goes on to state that she was unable to return to her civilian job and had no income for 3 months while recovering.

3.  The applicant provides a four-page summary of her application, a copy of her DA Form 2B (Personnel Qualification Record), copies of her mobilization orders, a copy of an email dated 18 August 2010, a copy of a Department of Defense News release regarding the extension of Stop Loss Pay, a copy of a letter dated 8 December 2008 regarding her desire to retire, a copy of a medical picture (MRI X-ray) of her torn bicep along with a medical explanation, and copies of her line of duty reports and chronological records of medical care.  

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 19 April 1956 and was commissioned as a nurse in the U.S. Air Force Reserve (USAFR) on 27 January 1986.  She served in the USAFR until 26 January 1992 when she transferred to the U.S. Army Reserve (USAR) on 27 January 1992. 

2.  On 15 December 1992 she was appointed as a first lieutenant in the Army Nurse Corps.  She continued to serve and was promoted to the rank of major on 25 June 2000.

3.  On 31 August 2006, she was issued her Notification of Eligibility for Retired Pay at Age 60 (20-year letter).

4.  On 28 February 2009, she was ordered to active duty in support of Operation Enduring Freedom for a period of 338 days and she was assigned to Fort McCoy, Wisconsin.

5.  On 16 October 2009, new orders were issued ordering her to active duty for a period of 365 days and transferring her to Fort Lewis, Washington.  On 
3 November 2009, she was attached to Madigan Army Medical Center (MAMC) in a temporary change of station (TCS) status.

6.  On 20 October 2010, she was ordered to active duty at MAMC for a period of 111 days in a COADOS status.

7.  On 8 February 2011, orders were published ordering her to active duty for COADOS at Fort Lewis for a period of 333 days.  On 2 May 2011, those orders were amended to read 139 days. 

8.  On 30 June 2011, orders were published by the Soldier Readiness Center, Joint Base Lewis – McChord, Washington releasing the applicant from active duty effective 26 June 2011 and transferring her to the USAR Control Group (Retired).  Her orders specified that she and her dependents were entitled to medical care until the earlier of 180 days after release from active duty (REFRAD) or coverage by an employer-sponsored Health Care Plan. 

9.  Accordingly, she was honorably REFRAD on 26 June 2011 due to completion of required active service.  She had served 2 years, 3 months, and 29 days of active service and was transferred to the USAR Control Group (Retired).

10.  In the processing of this case a staff advisory opinion was obtained from the USAR Command (USARC) at Fort Bragg, North Carolina which opines that the applicant’s request for retention beyond her mandatory removal date (MRD) was denied by Headquarters, Army Medical Command, Fort Sam Houston, Texas on 22 June 2011.  Officials at USARC also state that the applicant should have been removed from an active Reserve status on 1 February 2010 due to being twice nonselected for promotion; however, her MRD was computed incorrectly due to the fact that she was commissioned in the USAFR on 27 January 1986 and should have been computed from that date instead of the date she was commissioned in the USAR.  She was selectively continued to allow her to remain for 24 years of commissioned service and when the error was discovered, action was taken to transfer her to the Retired Reserve.  

11.  In regard to her assertion that she should have been paid stop loss pay for the period 28 February 2009 to 19 October 2011, officials at USARC indicate that there was no record of her submitting a request for transfer to the Retired Reserve or evidence of such a request being approved or disapproved.  Additionally, there was evidence to show that she was retained against her desires and once mobilized, she voluntarily accepted additional tours of COADOS.  Therefore, absent evidence to show that her request for transfer to the Retired Reserve was denied due to mobilization, it does not appear that she is entitled to stop loss pay.  Inasmuch as she did not serve additional active service she is not entitled to have her DD Form 214 corrected.  The officials at USARC recommended that her request be denied.

12.  The advisory opinion was provided to the applicant for comment.  She responded by email that she requested correction to her records because she was discharged 5 days after having surgery to her left shoulder for an injury that occurred on active duty.  She said she was unable to work at her civilian job because she needed two functional arms.  As result, she had to exhaust all of her savings to live for 3 months until she recovered from the surgery and could return to work because she was not eligible for assistance from other programs.  However, had she been given the benefits of being placed in the Warrior Transition Program, she would not have had to endure the hardships of trying to pay her bills and support her family with no income.  Accordingly, she should be made whole for the money and lost wages for the injury she incurred while on active duty.

13.  A review of her official records failed to show any evidence indicating that the applicant applied for transfer to the Retired Reserve and her request was denied due to mobilization.  Additionally, there is no evidence to show that the applicant was deemed unfit for separation at the time of her REFRAD.

14.  A Medical Retention Processing Unit (MRPU) was the previous name of the current Warrior Transition Unit (WTU).  The MRPU was a medical unit designated for Reserve Component (RC) Soldiers who were injured or developed severe illness while on active duty.  The primary duty of the MRPU was to ensure that Soldiers assigned receive the proper medical care and were restored to full duty status before returning to their respective RC units.  The MRPU has now been replaced by the WTU.  To be eligible for assignment to the WTU, a Soldier must have, or be expected to receive, an Army Physical Disability Evaluation System (PDES) rating of 30 percent or greater in one or more categories or a combined rating of 50 percent or greater for conditions that are related to combat since 10 September 2001.

15.  All Army Activities Message 277/2009, dated 7 October 2009, announced Army policy and procedures for implementation of retroactive stop loss special pay (RSLSP).  It states RSLSP is a special pay for military members, to include members of the RC, former and retired members under the jurisdiction of the Secretary who while serving on active duty at any time from 11 September 2001 to 30 September 2008, their enlistment or period of obligated service was involuntarily extended or whose established date of separation, release from active duty, or approved voluntary retirement was involuntarily suspended by authority of either section 123 or section 12305, Title 10, U.S. Code (commonly known as Stop Loss Authority).  This special pay is specifically authorized to be claimed retroactively as provided in this message.  Effective 21 October 2009, eligible service members, as provided in paragraph 2 above, will be paid $500.00 for each month or portion of a month retained on active duty past:

   a.  contractual expiration term of service (ETS) or, in the case of the RC, a contractual ETS in the Selected Reserve; 
   
   b.  an approved separation date based on unqualified resignation or REFRAD or, in the case of the RC, an approved request for transfer to the Individual Ready Reserve (IRR) (provided the service member completed the statutory or contractual ETS in the Selected Reserve);
   
   c.  approved retirement based on length of service;
   
   d.  approved memorandum of resignation for officers serving beyond their military service obligation and/or additional service obligation; and
   
   e.  in the case of the Ready Reserve, Individual Mobilization Augmentees, and other individually-managed service members), military service obligation or contractual term of service, whichever is later.
   
   
   
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that she should be paid for the period 26 June to 19 September 2001 because she was REFRAD and was not able to return to her civilian job for 3 months due to having had surgery for an injury that occurred while on active duty, has been noted and appears to lack merit.

2.  The applicant has failed to show, through the evidence submitted with her application and the evidence of record, that she was not fit for separation at the time of her REFRAD.  Additionally, there is no evidence to show that medical officials requested her retention on active duty for medical reasons.  It also does not appear that she was eligible for assignment to the WTU. 

3.  The applicant’s contention that she is entitled to receive RSLSP for the period 28 February 2009 to 19 October 2011 has also been noted and appears to lack merit.  The applicant has not provided and the records contain no evidence to show that her request for transfer to the Retired Reserve was denied due to her mobilization.  Therefore, in the absence of such evidence, there appears to be no basis to grant her request.

4.  The applicant’s contention that her DD Form 214 should be corrected to reflect additional active duty service to 10 October 2011 has been noted and found to lack merit.  The applicant was REFRAD on 26 June 2011 and that date is properly reflected on her DD Form 214.  Therefore, absent sufficient evidence to show that she served beyond that date, there does not appear to be any basis to grant her any additional active duty credit. 

5.  While it is understandable as to why the applicant desires additional service and pay for the period in question, it does not appear that she was eligible for further retention on active duty under the circumstances.  Accordingly, there appears to be no basis to grant 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)                                         AR20110019866





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ABCMR Record of Proceedings (cont)                                         AR20110019866



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