RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 April 2006
DOCKET NUMBER: AR20050011890
I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.
| |Mr. Carl W. S. Chun | |Director |
| |Mr. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. William D. Powers | |Chairperson |
| |Ms. Carol A. Kornhoff | |Member |
| |Mr. Rodney E. Barber | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that her discharge from the United
States Army Reserve (USAR) be voided and that she instead be transferred to
the Retired Reserve.
2. The applicant states, in effect, that in June 2004 she received her
Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter), and
in August 2004, she was given a letter that simply said she was discharged.
She claims her contract was good through August 2005 and she never
received a notification that separation action was being taken on her, or
giving her the reasons she was being discharged. She states that she now
simply wants to be transferred to the Retired Reserve so she can use her
benefits with pride.
3. The applicant provides the following documents in support of her
application: Self-Authored Statement; Congressional Complaint; Medical
Determination Memorandum, dated 17 December 2002; Notification of Medical
Unfitness, dated 7 January 2003; Report of Medical Examination (DA Form
2808), dated 28 August 2002; Physical Evaluation Board (PEB) Proceedings,
dated 10 April 2003; PEB Non-concurrence, dated 23 April 2003; Letters of
Recommendation (2); July 2002 Noncommissioned Evaluation Report (NCOER);
PEB Appeal Denial; 20-Year Letter, dated 23 June 2004; Discharge Orders,
dated 16 August 2004; and Doctors Letters (2).
CONSIDERATION OF EVIDENCE:
1. The applicant’s military records show that she served on active duty in
an enlisted status in the United States Army for 2 years between 8 August
1984 and 7 August 1986. At the completion of this period of active duty
service, she was honorably separated and transferred to the United States
Army Reserve (USAR) where she continuously served through the date of her
discharge.
2. On 10 April 2003, a PEB convened in Washington DC to consider the
applicant's case. The PEB found the applicant physically unfit for further
service based on her medical condition of Crohn's disease, and referred the
applicant's case for disposition under Reserve Component regulations.
3. The applicant non-concurred with the PEB unfitness determination, and
on
8 May 2003, the President of the PEB notified the applicant that her
rebuttal had been reviewed and because it contained no new substantive
medical information not previously considered, the decision of the informal
PEB was affirmed. He also informed the applicant she would be scheduled
for a formal hearing.
4. An 8 May 2003 Memorandum for the PEB scheduled the applicant for a
formal PEB on 16 June 2003. There is no indication that this hearing was
conducted.
5. On 23 June 2003, the Human Resources Command (HRC)-St. Louis, issued
the applicant a 20-Year Letter in which she was informed that she had
completed the required years of qualifying service and was eligible for
retired pay at age 60.
6. On 16 August 2004, Headquarters, 99th Regional Readiness Command Orders
Number 04-229-00045 directed the applicant’s honorable discharge from the
USAR, effective 16 August 2004.
7. Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers) prescribes policies, responsibilities, and procedures to assign,
attach, detail, remove, or transfer USAR soldiers. Chapter 7 contains
guidance on removal from active status and paragraph 7-1a indicates that
soldiers removed from active status will be discharged or transferred to
the Retired Reserve upon their request if they are eligible.
DISCUSSION AND CONCLUSIONS:
1. In accordance with the applicable governing regulation, the applicant
was eligible to transfer to the Retired Reserve in connection with her
removal from an active USAR status.
2. The applicant clearly desires to be transferred to the Retired Reserve.
Given the lack of evidence to confirm she was counseled regarding the
necessity to request this action, and given the confusion caused by the PEB
processing, it would be appropriate and serve the interest of justice and
equity to grant the requested relief.
BOARD VOTE:
___WDP_ __CAK__ __REB__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief. As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
voiding her 16 August 2004 discharge from the USAR and by showing that she
was instead transferred to the Retired Reserve on that same date.
_____William D. Powers____
CHAIRPERSON
INDEX
|CASE ID |AR20050011890 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |2006/04/11 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2004/08/16 |
|DISCHARGE AUTHORITY |AR 135-178 |
|DISCHARGE REASON |Unk |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Mr. Schneider |
|ISSUES 1. |135.0100 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2012 | 20120022326
She has found the Army did not file her medical retirement and she has now learned that her medical discharge and retirement should have been from active duty as she was serving on active duty at the time. She provides: * Order R223-02, dated 11 August 2003 * DA Form 3349 (Physical Profile), dated 29 September 2003 * DA Form 199, dated 10 October 2003 * memorandum, dated 20 October 2003, subject: Formal PEB Hearing for [Applicant] * DA Form 5890-R (Acknowledgment of Notification of Formal...
ARMY | BCMR | CY2007 | 20070006869
The applicant requests, in effect, that her records be corrected to show she is entitled to a 15-year non-regular retirement based on her medical disqualification from the United States Army Reserve (USAR). On 19 September 2006, HRC, St. Louis, Missouri, informed the applicant by memorandum that the PEB determined that she was unfit for duty and that she was permanently disqualified and must be separated from the USAR. On 18 October 2006, HRC St. Louis, Missouri, published Orders Number...
ARMY | BCMR | CY2004 | 20040008724C070208
RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 August 2005 DOCKET NUMBER: AR20040008724 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The evidence shows that the applicant received the findings and recommendations of the 22 August 2003 examination and the name and phone number of the PEBLO. The evidence of record clearly shows that the applicant was...
ARMY | BCMR | CY2006 | 20060008346
Title 10, U. S. Code, section 12646(a) states that, if on the date prescribed for the discharge of transfer from an active status of a reserve commissioned officer he is entitled to be credited with at least 18, but less than 19, years of service, he may not be discharged or transferred from an active status without his consent before the earlier of the date on which he is entitled to be credited with 20 years of qualifying service or the third anniversary of the date on which he would...
ARMY | BCMR | CY2011 | 20110024139
HQ, 81st Regional Readiness Command (RRC), memorandum, dated 26 January 2007, subject: Medical Record Review for (Applicant), stated a review of the medical records submitted pertaining to the applicant indicated he did not meet the medical retention requirements in accordance with Army Regulation 40-501, paragraph 3-41c (obstructive sleep apnea), and directed initiation of separation in accordance with Army Regulation 635-40. The applicant signed a form electing to transfer to the Retired...
ARMY | BCMR | CY2012 | 20120019900
Failure to respond within 30 days would constitute a waiver of all rights and would result in her being discharged with an honorable character of service; f. three DA Forms 4856, dated respectively: (1) 4 August 2010, which indicated she was counseled and elected medical retirement; (2) 4 August 2010, which indicated she received an exit interview due to medical retirement; and (3) 9 August 2010, which indicates she elected retirement in lieu of a medical board; g. an Acknowledgement of...
ARMY | BCMR | CY2009 | 20090000180
She further states, in effect, that she is confused about the medical conditions stated on the DA Forms 3349 (Physical Profile), dated 30 July 1997, 24 March 2004, 25 February 2005, and 1 September 2005, as they all relate to feet conditions. On 22 August 2005, the applicant concurred with the PEB and requested transfer to the Retired Reserve. As such, the unfitting condition was properly not considered service related and, therefore, would not have supported her qualifying for a medical...
ARMY | BCMR | CY2009 | 20090009694
A copy of the option memorandum is not available for review with this case; however, it would have required the applicant to acknowledge the notification and elect one of the following options on the notification of medical unfitness for retention and election of options: a. request reassignment to the Retired Reserve in accordance with Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), if she had completed 20 years of qualifying years; b. request reassignment to the...
ARMY | BCMR | CY2003 | 2003087893C070212
The applicant provides: The applicant's records contains an advisory opinion from the Chief, Transitions and Separations Branch, AR-PERSCOM, dated 2 June 2003, which states, in essence, that the applicant was honorably discharged from the USAR effective 1 April 2003, per Letter Order Number D-03-312931, dated 26 March 2003. On 30 January 2004, AR-PERSCOM informed the staff of the Board that the applicant was denied selection for promotion to Lieutenant Colonel in 2002 due to civilian...
ARMY | BCMR | CY2007 | 20070012469
The applicant requests correction of his records to show that he was medically retired instead of transferred to the Retired Reserve. There is no evidence in the applicant's records and the applicant has not submitted any evidence that he had a medical condition which would have warranted his referral to the Physical Disability Evaluation System (PDES); therefore, he was not considered by a Medical Evaluation Board (MEB). Without a PEB, the applicant could not have been issued a medical...