IN THE CASE OF:	 

		BOARD DATE:	  20 January 2010

		DOCKET NUMBER:  AR20090013438 


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 reconsideration of his earlier request for correction of his military records to show that he was transferred to the Retired Reserve.

2.  The applicant states that at the time of his honorable discharge he was not fully aware of the differences between being a Retired Reservist or a Former Member.  He does recall something about being less likely to be activated as a former member.  Having been stopped-lossed and cross-leveled to the unit he served with in Iraq, he was fearful at the time of being subject to recall.  He has answered his country's call to war and can proudly say that while in Iraq, he performed his mission admirably.  Maintaining the Detainee Center at Abu Ghraib in the midst of mortar and rocket attacks was an extremely difficult task.  Having a pink identification card with "Former Member" causes several problems.  Many people at Fort Bliss, TX and other military installations, especially civilian security workers, are unfamiliar with this type of card.  The applicant states that he wants his status changed to Retired Reserve.  He realizes this will make him subject to recall during times of national emergencies and he is now willing to do so.  The applicant also contends that it is not proper to bind Soldiers to any decision they make within the first year of returning from combat.

3.  The applicant provides, in support of his request for reconsideration, copies of his U.S. Uniformed Services Identification Card that shows the entry "U.S. Army – Former Member), a Department of Veterans Affairs identification card, and his Texas Department of Public Safety Driver License.


CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090001820, on 2 June 2009.

2.  The applicant has provided new arguments that require consideration by the Board.

3.  In the original Board case, the applicant contended that his identification card showed him as a "Former Member" and he wanted it changed to show him as a "Retired Reservist."  The Board concluded that the applicant had not requested to be transferred to the Retired Reserve at the time of his discharge.  There was no available evidence showing that he had been improperly counseled or that he was not provided the opportunity to transfer to the Retired Reserve.  Accordingly, his request was denied based on the presumption of regularity.

4.  Army Regulation 140-10 (Assignments, Attachments, Details and Transfers) provides, in pertinent part, 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.  The applicant contends that he should be transferred to the Retired Reserve because people are not familiar with the "Former Member" military identification card.

2.  The evidence clearly shows that the applicant was fearful of being recalled to active duty if he elected to transfer to the Retied Reserve.  This was a choice that he made at the time.  There is no evidence showing that he was improperly counseled about this decision.

3.  The fact that the applicant's type of military identification card is unfamiliar to some people is not justification for changing his status to Retired Reserve.  Furthermore, it would be unreasonable not to hold Soldiers to the decisions that they make, especially when those decisions affect their being subject to further military service.

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's requested relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ____X__  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 to amend the decision of the ABCMR set forth in Docket Number AR20090001820, dated 2 June 2009.



      ___________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)                                         AR20090013438



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ABCMR Record of Proceedings (cont)                                         AR20090013438



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