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 applicants 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 applicants 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
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ABCMR Record of Proceedings (cont) AR20140001754
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