IN THE CASE OF:	  

		BOARD DATE:	  1 October 2015

		DOCKET NUMBER:  AR20140009504 


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:

	a.  her 54 days of transitional leave from 19 October 2013 to 14 December 2013 be restored; and 

	b.  Department of the Army, U.S. Army Human Resources Command (HRC), Fort Knox, KY, Orders A-12-316997, dated 19 December 2013, be amended to show her reporting date as 21 October 2013 instead of 15 December 2013.

2.  The applicant states:

	a.  She returned from an Operation Enduring Freedom deployment and she was misguided during the demobilization process at Fort Bliss, TX regarding her continuation for service-connected medical care.

	b.  The Fort Bliss Medical demobilization station advised and directed her to report to HRC with a line of duty (LOD) to follow-up for medical care.  During that period, she was released from active duty and she used all of her leave days.

	c.  Medical Retention Processing (MRP) orders should have been published to take care of her in order to receive the appropriate medical care through the appropriate Medical Command (MEDCOM) channels.

	d.  The evidence shows she was receiving medical treatment the entire time.

	e.  She believes the staff at Fort Bliss unintentionally misguided her during the demobilization process.

	f.  There are also administrative errors on the DA Form 4187 (Personnel Action) instructing her to go to the Warrior Transition Unit (WTU) at Fort Belvoir, VA.

	g.  She signed into the WTU on 26 November 2013.  She received medical treatment the entire time that she was on transition leave until the day she signed in to the WTU.

3.  The applicant provides:

* two DD Forms 214 (Certificate of Release or Discharge from Active Duty), dated 9 April 2013 and 14 December 2013
* Active duty Orders A-03-105738, dated 18 March 2011
* Amendment Orders A-03-105738A02, dated 29 October 2011
* Active duty Orders A-03-204603, dated 12 March 2013
* Deployment Orders M-02-300053, dated 13 February 2013
* Separation Orders 093-0151, dated 3 April 2013
* Amendment Orders M-02-300053A01, dated 6 September 2013
* Amendment Orders M-02-300053A02, dated 11 September 2013
* Separation Orders 291-0009, dated 18 October 2013
* Memorandum for Record, dated 14 November 2013
* DA Form 4187, dated 20 November 2013
* Retention on active duty Orders A-12-316997, dated 19 December 2013
* DA Form 31 (Request and Authority for Leave), dated 15 October 2013
* WTB, Fort Belvoir - Warrior In-Processing Checklist
* Amendment Orders A-12-316997A01, dated 7 February 2014
* Follow-up email, dated 19 February 2014
* Memorandum, Subject:  Request for Reinstatement of Leave and Amendment to WTU Orders, dated 24 February 2014
* Amendment Orders A-12-316997A02, dated 3 March 2014
* Separation Orders 078-0006, dated 19 March 2014
* Orders Timeline

CONSIDERATION OF EVIDENCE:

1.  At the time the applicant submitted her application, she was serving in the Individual Ready Reserve in the rank of sergeant first class (SFC)/E-7.  

2.  The applicant served in the New Jersey Army National Guard from 10 September 1992 through 30 January 2008.  On the following day, she enlisted in the U.S. Army Reserve (USAR) in the rank of staff sergeant (SSG)/E-6 for a period of one year.

3.  She reenlisted in the USAR on 3 June 2009 for a period of 6 years (she later extended this enlistment for 8 months for a new expiration of term of service of 30 July 2016).

4.  On 1 October 2009, she was ordered to active duty in support of Operation Enduring Freedom.  She was released from active duty (REFRAD) on 30 September 2010 and was transferred to her Reserve unit.  

5.  She was ordered to active duty on 11 April 2011 in support of Operation Enduring Freedom and was REFRAD on 9 April 2013.  

6.  On 10 April 2013, she was ordered to active duty in support of Operation Enduring Freedom and subsequently served in Afghanistan from 10 April to 21 October 2013.  She was promoted to SFC/E-7 with an effective date and date of rank of 1 November 2013.  She was REFRAD on 14 December 2013.  

7.  She provided the following documents:

	a.  Memorandum, dated 14 November 2013, in which a Soldier Resilience and Readiness Center (SRRC) Case Manager requested a 60-day MRP-Evaluation (MRP-E) order in order to fully evaluate the applicant's condition and to complete the applicant's scheduled follow-up appointments.  The SSRC Case Manager stated that after this time the applicant would be medically cleared or processed into the WTU.  

   b.  DA Form 31, dated 15 October 2013, in which she requested transitional leave from 19 October to 14 December 2013.  This document indicates her chargeable leave was from 20 October to 14 December 2013.  

   c.  DA Form 4187 signed on 20 November 2013, which shows she volunteered for MRP.  The requested duty location is listed as "Ft. Knox."

   d.  Warrior In-Processing Checklist, which shows she reported to a WTU on 26 November 2013.  
   
   e.  HRC Orders A-12-316997, dated 19 December 2013, which show she was retained on active duty in a MRP status to complete medical care and treatment.  These orders show she was to report to the WTU at Fort Belvoir with a reporting date of 15 December 2013 for a period of 60 days and with an ending date of 
12 February 2014.

	f.  Email, dated 19 February 2014, in which she informed a civilian personnel staff member that:

		(1)  She demobilized in late October 2013 at Fort Bliss, TX from 13 to 
18 October [2013].  She had a LOD finding which she showed the LOD section at Fort Bliss, TX and she was instructed to submit it at HRC.

		(2)  She headed to Fort Knox because her vehicle and household goods were stored there.  While she was at Fort Knox, she became very ill and she made an appointment to see a doctor.  She was seen on 21 October [2013] and was referred to physical therapy and several other specialists.

		(3)  She sought treatment consistently from 21 October to 26 November [2013], the first date she reported to the WTU at Fort Belvoir.

		(4)  The staff at the WTU in Fort Knox coordinated with MEDCOM and Fort Bliss to admit her into the WTU.  Fort Bliss, as she understands it, mistakenly wrote on the paperwork that she was going to be admitted to the WTU at Fort Knox, which delayed her MRP-E orders.

		(5)  She eventually received orders starting 15 December [2013] to report to the WTU at Fort Belvoir.  She was on transition leave the entire time she was taking care of herself medically and being seen at the Ireland Community Hospital at Fort Knox.

	g.  HRC-Fort Knox Orders A-12-31699701, dated 7 February 2014, which show her Orders A-12-316997, dated 19 December 2013 were amended to reflect she was assigned to the WTU for 90 days with an ending date of 14 March 2014.

	h.  Memorandum, dated 24 February 2014, from the Commanding Officer, 1st Battalion, Warrior Transition Brigade (WTB), Fort Belvoir, who stated:

		(1)  The applicant demobilized in October 2013 (Operation Enduring Freedom (OEF) tour) at Fort Bliss from 13 to 18 October 2014.

		(2)  The applicant had an LOD from Afghanistan and was misguided at the Soldier Readiness Program as to how to proceed.

		(3)  The applicant became very ill while on transition leave and made many appointments to be seen at Ireland Community Hospital at Fort Knox.

		(4)  The applicant sought treatment for injury and illness from 21 October to 21 November.  She reported to Fort Belvoir on 26 November 2013 based on verbal authorization from Fort Bliss.

		(5)  Orders were published with a start date of 15 December 2013.  Her transition leave ended on 14 December 2013.

		(6)  The applicant requests that orders be amended from 15 December to 21 October 2013 due to service-connected medical treatment costing her 54 leave days, resulting in a balance of zero leave days. 

		(7)  The applicant used her leave days during this period when she was actually undergoing medical treatment for her illness/injury.  The applicant is requesting those 54 days to be reinstated.

	i.  HRC Orders A-12-316997A02, dated 3 March 2014, which shows 
Orders 162-A-12-31699701, dated 19 December 2013, were further amended to change her rank to SFC; to change her period of active duty to 99 days with an ending date of 23 March 2014; to change her date of record Reserves [DORRES] to 1 November 2013; and to change the additional instructions to read "REFRAD-FFD [fit for duty]."

	j.  U.S. Army Garrison, Fort Belvoir, Orders 078-0006, dated 19 March 2014, show she was REFRAD effective 23 March 2014 and assigned to the USAR (Reinforcement) on the following day.  The additional instructions indicate she was eligible for 180 days transition health care under Title 10, U.S. Code, section 1145 until 18 September 2014.

8.  On 13 May 1015, an advisory opinion was obtained from the Chief, Compensation and Entitlements Division, Office of the Deputy Chief of Staff, G-1, who recommended approval of the applicant's request for restoration of 54 days of leave and to reimburse her the appropriate base pay for the 54 days leave.  The advisory official opined:

	a.  The Commander, WTB, Fort Belvoir, VA verified that the applicant became ill during her transition leave period from 21 October to 26 November 2013.  She underwent treatment at the Ireland Community Hospital, Fort Knox, KY before reporting to WTB on 26 November 2013.

	b.  She should have not been charged leave during the period she was being treated at the Ireland Community Hospital or after reporting to the WTB.

9.  A copy of the advisory opinion was forwarded to the applicant to allow her to provide comments.  However, she did not respond

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was on transitional leave from 19 October to 14 December 2013.  On 21 October 2013, she became ill and underwent treatment at the Ireland Community Hospital at Fort Knox prior to arrival at the 1st WTB on 26 November 2013.

2.  Records support the argument that she should not have been charged leave during the period she was being treated at the Ireland Community Hospital.  Therefore, it would be equitable to amend her records to restore 54 days of leave and to reimburse her the appropriate base pay for the 54 days of leave.

3.  The applicant's request for amendment of her MRP orders to show her reporting date as 21 October 2013 instead of 15 December 2013 is acknowledged.

4.  The evidence of record shows the applicant reported to Fort Belvoir, VA on 26 November 2013 based on verbal authorization from Fort Bliss, TX.

5.  HRC-Fort Knox issued Orders A-12-316997, dated 19 December 2013, which ordered the applicant to the WTU, Fort Belvoir with a reporting date of 15 December 2013.  

7.  The applicant contends that she received medical treatment the entire time that she was on transitional leave from 21 October 2013 to the day she signed into the WTU, Fort Belvoir on 26 November 2013.  Therefore, it would be appropriate to amend HRC-Fort Knox, KY, Orders A-12-316997, dated 19 December 2013 be amended to show her reporting date as 26 November 2013 instead of 15 December 2013.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ____x___  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  restoring 54 days of transition leave from 20 October 2013 to 14 December 2013;

	b.  reimbursing her the appropriate base pay for the 54 days of leave; and

	c.  amending HRC-Fort Knox, KY, Orders A-12-316997, dated 19 December 2013 to show her reporting date as 26 November 2013 instead of 15 December 2013.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending HRC-Fort Knox, KY, Orders A-12-316997, dated 19 December 2013, to show her reporting date as 21 October 2013 instead of 15 December 2013.



      _______ _   _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)                                         AR20140009504





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