Search Decisions

Decision Text

ARMY | BCMR | CY2014 | 20140001754
Original file (20140001754.txt) Auto-classification: Denied

		IN THE CASE OF:  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140001754 


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, that his transfer to the Retired Reserve be voided and that he be medically retired or as an alternative that he be scheduled to appear before a medical review board.

2.  The applicant states, in effect, that he was not properly counseled regarding his entitlement to medical and retirement benefits as he believed that he would have been eligible for benefits when he was transferred to the Retired Reserve.  However, he has since been informed that his benefits will not begin until he reaches age 60 and he needs the benefits now.  He continues by stating that he would not have made the election he made had he known that his retirement benefits would not start immediately.  

3.  The applicant provides copies of his National Guard Bureau Form 22 (Report of Separation and Record of Service), DD Form 214 (Certificate of Release or Discharge from Active Duty), orders transferring him to the Retired Reserve,    15-Year letter, National Guard Retirement Points Statement, and a Power of Attorney.

CONSIDERATION OF EVIDENCE:

1.  The applicant was serving as a sergeant in the Georgia Army National Guard (GAARNG) when he was notified on 1 August 2013 that he was medically disqualified for retention in the GAARNG.  The memorandum advised the applicant that he could accept the findings and be medically discharged and if he had 15 or more years of qualifying service for retirement, he would be entitled to receive retirement benefits at age 60.  He was also advised that he could request a non-duty related physical evaluation board; however, there would be no rating or compensation as a result of that board. 

2.  The applicant completed the election form and elected transfer to the Retired Reserve effective 1 September 2013.

3.  On 1 September 2013, the applicant was honorably discharged from the GAARNG and he was transferred to the U.S. Army Reserve Control Group (Retired Reserve).

4.  On 7 November 2013, he was issued his Notification of Eligibility for Retired Pay at Age 60 (15-Year Letter).

5.  In the processing of this case a staff advisory opinion was obtained from the National Guard Bureau (NGB) which opines that the applicant’s request should be disapproved because he voluntarily elected to be transferred to the Retired Reserve and that there was no evidence to indicate the applicant needed to go to a medical review board.  The GAARNG concurred with the opinion of the NGB.  The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board. 

6.  Army Regulation 635-40 governs the evaluation of physical fitness of Soldiers who may be unfit to perform their military duties because of physical disability.  Under the laws governing the Army Physical Disability Evaluation system, Soldiers who sustain or aggravate physically unfitting disabilities must meet several line of duty criteria to be eligible to receive retirement and severance pay benefits.  One of the criteria is that the disability must have been incurred or aggravated while the Soldier was entitled to basic pay or was the proximate cause of performing active duty or inactive duty training.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his transfer to the Retired Reserve should be voided and he should be medically retired or scheduled for review by a medical review board has been noted. 

2.  While the applicant has provided no evidence related to his medical condition at the time of his transfer to the Retired Reserve, he has provided the notification letter and election form and the notification letter clearly states that his election was for retirement benefits at age 60.

3.  Although the applicant claims he was not properly informed of his entitlements prior to making an election, he has provided no evidence to support his contentions.

4.  Therefore, in the absence of such evidence, there appears to be no basis to grant his request.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X____  ___X_____  ____X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States during the Global War on Terrorism.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   __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)                                         AR20140001754



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140001754



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140001754

    Original file (20140001754 .txt) Auto-classification: Denied

    The applicant states, in effect, that he was not properly counseled regarding his entitlement to medical and retirement benefits as he believed that he would have been eligible for benefits when he was transferred to the Retired Reserve. In the processing of this case a staff advisory opinion was obtained from the National Guard Bureau (NGB) which opines that the applicant’s request should be disapproved because he voluntarily elected to be transferred to the Retired Reserve and that there...

  • ARMY | BCMR | CY2013 | 20130009483

    Original file (20130009483.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his records to show he was retired from active duty by reason of physical disability in lieu of his Reserve retirement from the Georgia Army National Guard (GAARNG). The applicant provides: * National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) * DA Form 2173 (Statement of Medical Examination and Duty Status) * MEDCOM Form 699-R (Report of Mental Status Evaluation) * fit-for-duty/release from active duty request *...

  • ARMY | BCMR | CY2010 | 20100015612

    Original file (20100015612.txt) Auto-classification: Denied

    The applicant requests correction of her records as follows: * Correct her erroneous separation to show medical retirement * Award of 7 months and 22 days of service credit * Issue a Notification for Eligibility for Non-Regular Retired Pay at Age 60 (15-year Letter) * Transfer to the Retired Reserve * Retired pay at age 60 2. A subsequent review of her medical records by a State Medical Review Board (SMRB) of the GAARNG determined she was medically unfit for retention. Paragraph 9-12...

  • ARMY | BCMR | CY2009 | 20090005457

    Original file (20090005457.txt) Auto-classification: Approved

    The FSM had a total of 19 years, 9 months, and 2 days of creditable service for non-regular retired pay; however, he had only 3 years of creditable Reserve component service [the NGB advisory opinion states 3 years, 11 months, and 9 days – from 24 January 1995 through 1 January 1999 – however, only 3 years were actually creditable]. Unfortunately, the GAARNG only transferred the applicant to the Retired Reserve; they did not actually process him for early retirement under the provisions of...

  • ARMY | BCMR | CY2010 | 20100028629

    Original file (20100028629.txt) Auto-classification: Denied

    The applicant states: * he was denied the option to transfer to another Army National Guard (ARNG) unit, the Individual Ready Reserve, and/or the Retired Reserve * his company commander was angry with him because he reenlisted a Soldier whom the company commander did not like * he recently learned that another Selected Reserve Soldier in similar circumstances was allowed to serve a couple more years so he could retire * he requested a medical board before his discharge, but he was never...

  • ARMY | BCMR | CY2012 | 20120022997

    Original file (20120022997.txt) Auto-classification: Denied

    The applicant applied for disability compensation from the VA for injuries received while deployed and was awarded 50% compensation in July 2008. c. The Medical Fitness Standards for Retention memorandum was sent via certified mail to the applicant. He had filed for and received compensation from the VA in spite of not having a PEB prior to his discharge. He applied for and was awarded a 50% service-connected disability rating from the VA in July 2008.

  • ARMY | BCMR | CY2011 | 20110017979

    Original file (20110017979.txt) Auto-classification: Approved

    The applicant, the widow of a deceased former service member (FSM), requests the FSM be granted 6 months of incapacitation (INCAP) pay. In December 2010, the FSM applied to the Army Board for Correction of Military Records (ABCMR) for INCAP pay. As a result, the Board recommends that the State National Guard Records and the Department of the Army records of the individual concerned be corrected by: a. showing the FSM's request for INCAP pay was approved in a timely manner; and b. paying to...

  • ARMY | BCMR | CY2012 | 20120021708

    Original file (20120021708.txt) Auto-classification: Denied

    She was found unfit due to sleep apnea and knee pain, but she would have like to have had a board review all her illnesses that occurred while serving as a National Guard member. Medical documents show she had twisted, sprained, or otherwise injured her left knee twice while on active duty and once after her enlistment in the GAARNG. This profile also states that she did not need a PEB.

  • ARMY | BCMR | CY2008 | 20080007614

    Original file (20080007614.txt) Auto-classification: Approved

    IN THE CASE OF: BOARD DATE: 5 August 2008 DOCKET NUMBER: AR20080007614 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that her records be corrected to show she is entitled to an early Reserve retirement due to physical disability. The applicant states that when she was discharged from the Army National Guard (ARNG), her U.S. Air Force Reserve (USAFR) service was not on her record.

  • ARMY | BCMR | CY2012 | 20120010058

    Original file (20120010058.txt) Auto-classification: Denied

    The applicant states: * His late spouse, the FSM, was never notified that she had to make an election of retirement benefits; she died at age 46 * Although she kept meticulous records, there was no reference to a retirement letter or retirement election * Upon contacting the Michigan and the Georgia Army National Guard (MIARNG/GAARNG), there was no validation that she received her 20-year letter * Officials in both states indicated that mistakes were often made in recording retirement points...