BOARD DATE: 1 May 2014
DOCKET NUMBER: AR20130013039
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 her transfer to the Retired Reserve be voided and that she be medically retired.
2. The applicant states she was in the process of a medical retirement and submitted the name of a General Office to conduct the investigation and nothing else followed. She was advised that it would not be in her best interest to go through the process for the medical retirement due to her service-related compensation disability.
3. The applicant provides copies of a notification of medical unfitness for retention, physical profiles, periodic health assessment, functional capacity certificate, radiology reports, and progress notes.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a Reserve Component second lieutenant on 25 June 1985. She continued to serve in the U.S. Army Reserve (USAR), received her 20-Year letter in 2006, and was promoted to the rank of colonel on 29 May 2008.
2. On 15 February 2012, the applicant was issued a permanent 3 profile (311111) for a Pituitary Tumor and Digestive Disorder.
3. On 1 March 2012, the 88th Regional Support Command (RSC) dispatched a memorandum to the applicant (Notification of Medical Unfitness for Retention) notifying the applicant that she may have a medically disqualifying condition and informing her that her condition could be adjudicated by electing one of the following options:
* Request reassignment to Retired Reserve with 20 qualifying years of service for retired pay at age 60
* Request reassignment to Retired Reserve with 15 qualifying years of service but less than 20 qualifying years for retired pay at age 60
* Request honorable discharge from USAR
* Request a review of her medical disqualification by the appropriate medical board
4. The memorandum also advised the applicant that she had 30 days in which to make her election or she would be discharged.
5. The applicant made two elections on 25 June 2012 in which she elected transfer to the Retired Reserve and she requested a Medical Evaluation Board (MEB) (Duty Related) to review her medical records for a final determination of medical fitness for retention. She acknowledged that she had the following responsibilities:
* She must provide an approved Line of Duty (LOD) determination for her condition
* If an LOD determination was not initiated, she would contact her unit and provide them with the required documentation to facilitate her LOD and would notify her sponsor every 30 days until the LOD was completed
* If the condition was not found to be in the LOD she would notify her sponsor and elect another option to adjudicate her condition
* She was responsible for keeping her sponsor informed of her address, phone number, and any delays in meeting suspenses and that she would request any extensions to suspenses through her sponsor
6. On 3 July 2012, orders were published by the 88th RSC assigning her to the Retired Reserve due to being medically disqualified not as a result of her own misconduct, effective 26 September 2012.
7. A review of the available records failed to show that the applicant took the actions necessary to effect the MEB (Duty Related) option she selected. Additionally, her records do not contain an LOD for her conditions or any indication that her conditions were duty related.
8. Army Regulation 135-175 (Separation of Officers) serves as the authority for the separation of Reserve Component officers. It provides, in pertinent part, that members of the USAR will be removed from an active status when found to be medically unfit to perform active duty except when the officer has incurred a disability in the LOD and is eligible for processing under the provisions of pertinent medical regulations.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been noted and her contention that she should be medically retired appears to lack merit.
2. Although she did not make her election within 30 days of notification it appears, she elected transfer to the Retired Reserve and acknowledged her responsibility to show that her conditions were duty related.
3. However, the applicant has failed to show through the evidence or record and evidence submitted with her application that her conditions were duty related.
4. Therefore, in the absence of such evidence, it appears that she was properly transferred to the Retired Reserve in accordance with the applicable regulations with no violations of any of the applicants rights.
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) AR20130013039
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ABCMR Record of Proceedings (cont) AR20130013039
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