Guard and National Guard Bureau investigated his transfer to

inactive status. The Inspector General of the National Guard Bureau concluded that

Burkins’ unit commander had improperly transferred him, but that he was not denied any


                                             -6-
entitlements as a result. The Inspector General advised Burkins that if he wished to have

his military records changed to remove the fraudulent transfer, he would have to apply to

the ABCMR.

       In September of 1989, Burkins applied to the ABCMR for a correction of his

records toshow that (1) his transfer to inactive status with the Guard was fraudulent, and

(2) when he was separated from the Army on November 4, 1970, he was unfit to perform

the duties of his military office and, thus, was entitled to a disability discharge. He

further requested “all benefits be provided as such separation of duty allows.”

Appellant’s App. Vol. II at 12, 19. On July 1, 1992, the ABCMR issued an opinion

recommending that Burkins’ records be changed to show that: (1) his transfer to inactive

status was void; (2) on March 18, 1987, he was medically unfit for duty because of 50%

disabling PTSD; (3) on March 18, 1987, he was relieved from active reserve duty due to

physical disability; and (4) effective March 19, 1987, he was permanently retired with

entitlement to retired