IN THE CASE OF: 

		BOARD DATE:	11 June 2013

		DOCKET NUMBER:  AR20120021551 


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 reconsideration of her previous request that she should have been placed in a Warrior Transition Unit for medical treatment instead of being separated.
 
2.  The applicant states that:

	a.  She is resubmitting the DD Form 2796 (Post Deployment Health Assessment (PDHA)) and asks that someone actually look at where it shows she was not cleared to demobilize.  She should have been placed in a Warrior Transition Unit (WTU) and received definitive care for her injuries.

	b.  She had another injury that was not treated and she was sent home.  This injury was a neck injury that resulted in spinal cord compression.  She underwent surgical correction when she was finally able to be seen at the Department of Veterans Affairs (VA), eight months after her separation.  This has resulted in some permanent residual neurological symptoms.  The most frustrating fact of all this was the dismissive comment that her claim was without merit when her DD Form 2796 clearly stated she was not cleared to demobilize.

3.  The applicant provides DD Form 2796 (pages 2-7), dated 19 May 2011. 




CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110019866, on 24 July 2012.

2.  The applicant provides new evidence that must be considered by the Board.

3.  The available records show:

	a.  The applicant 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. 

	b.  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.

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

	d.  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.

	e.  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.

	f.  On 20 October 2010, she was ordered to active duty at MAMC for a period of 111 days in a Contingency Operation for Active Duty Operational Support (COADOS) status.

	g.  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. 

	h.  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. 

	i.  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).

	j.  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 (emphasis added).

4.  As new evidence the applicant provides a 19 May 2011, DD Form 2796 (pages 2-7) showing in:

	a.  item 13 (Comments), in part, "REFERRED FAM MED AND G1 FOR EVALS.  NOT CLEAR FOR DEMOB."  Although she states she is resubmitting this form there is no record of it being included in her original petition.

	b.  item 14 Member was Provided the following:  Appointment Assistance

	c.  item 15 (Referral was made to the following healthcare or support system):
"Military Treatment Facility."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that she was not cleared for demobilization and therefore, should have been placed in a WTU and received medical care for her injuries.

2.  The applicant provided a DD Form 2796 showing she was not cleared for demobilization.  She was provided appointment assistance, and referred to a military treatment facility.  However, there is no evidence that she took any  action to schedule any appointments to follow up on the referral.

3.  There is no available evidence that she was expected to receive a physical disability rating of 30 percent or higher.  

4.  In view of the above that applicant's request should be denied.

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 to amend the decision of the ABCMR set forth in Docket Number AR20110019866, dated 24 July 2012.



      _____________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)                                         AR20120021551



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