IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20120021879
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 advancement on the Retired List to the highest grade satisfactorily held.
2. The applicant states:
* he was medically retired in pay grade E-3
* after he became completely paralyzed and spent 3 months on life support in 2001 it took him 11 years to get through the medical evaluation board process
* his paperwork has been messed up a very long time
* he has no idea what caused the specific snafu and he does not really care
* he just wants it fixed so he can finally stop filing appeals paperwork with the military and just move on with his life
3. The applicant provides a copy of his Army National Guard (ARNG) Retirement Points History Statement.
CONSIDERATION OF EVIDENCE:
1. On 3 March 1997, the applicant enlisted in the Missouri ARNG (MOARNG) in pay grade E-1. He was advanced to pay grade E-3 on 1 May 1998. The applicant enrolled in the Simultaneous Membership Program (SMP) and he was promoted to cadet (E-5) on 1 September 1998.
2. On 28 August 2000, MOARNG Orders 3-1 were published reducing the applicant from pay grade E-5 to pay grade E-3, due to his disenrollment from the SMP. He was advanced to pay grade E-4 on 1 November 2000.
3. The applicant's Army Military Human Resource Record contains a DD Form 261 (Report of Investigation-Line of Duty and Misconduct Status), which shows that on 25 July 2001, the applicant developed a febrile illness and flu-like symptoms during annual training at Camp Ripley, Minnesota. He was initially treated at Fort McCoy and diagnosed with a viral infection. He was then treated at St. Luke's Hospital, Kansas City, MO where he was diagnosed with Gillian Barre Syndrome (a disorder in which your body's immune system attacks your nerves). The doctor opined that the applicant's condition was likely caused by a virus contracted during annual training and that it started on 24 July 2001 and ended on 4 August 2001.
4. The applicant was flagged for Army Physical Fitness Test failure and/or for the "weight control program" on the following dates:
* 10 July 2005
* 25 September 2006
* 14 October 2007
* 6 January 2008
* 10 March 2008
* 2 May 2009
* 4 May 2009
5. On 2 May 2010, the applicant was reduced to pay grade E-3, due to inefficiency.
6. The facts and circumstances surrounding the applicant's release from the ARNG are not available for review with his case. However, U.S. Army Physical Disability Agency Orders D150-01, dated 29 May 2012, released him from his assignment due to physical disability with a 60 percent disability rating. The orders show he was placed on the Retired List on 4 July 2012 in pay grade E-3. These orders also show that he had completed 15 years, 3 months, and 2 days of service for basic pay purposes.
7. Title 10 of U.S. Code, section 1372 provides the legal authority for the grade to be awarded to members retiring for physical disability. It states, in pertinent part, that any member of an armed force who is retired for physical disability or whose name is placed on the TDRL is entitled to the grade equivalent to the highest of the following:
* the grade in which he is serving on the date when his name is placed on the Retired List
* the highest grade in which he served satisfactorily
* the grade to which he would have been promoted had it not been for the physical disability that resulted in retirement
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted. His supporting evidence has been considered.
2. The applicant did not satisfactorily hold pay grade E-5. He was reduced from pay grade E-5 to pay grade E-3, due to his disenrollment from the SMP. He did not satisfactorily hold pay grade E-4 because he was reduced to pay grade E-3, due to inefficiency.
3. The DD Form 261 has been carefully considered. However, because the applicants medical records for the period 2001 2012 and his physical disability processing packet (narrative summary, medical evaluation board, and physical evaluation board) are not available, it cannot be determined if his Army Physical Fitness Test and weight control issues were the result of his medical condition.
4. The highest grade he satisfactorily held was pay grade E-3 and he was properly placed on the Retired List in that grade. There appears to be no error or injustice in the grade in which the applicant was retired.
5. In view of the foregoing, the 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 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) AR20120021879
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ABCMR Record of Proceedings (cont) AR20120021879
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