BOARD DATE: 13 July 2010 DOCKET NUMBER: AR20100000072 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 removal of the P code (U.S. Army Reserve (USAR) Standby Reserve Inactive Status) from her records so that 2008 is a creditable year towards retirement and promotion. 2. The applicant states she received a Human Resources Command (AHRC) Form 4145 (Election of Options - Military Service Obligation (MSO)) near 1 January 2009. She contends that no suspense was listed and no information was provided to let her know that she would be involuntarily reassigned into a Standby Inactive Status. She adds she wanted to remain in the Individual Ready Reserve (IRR), but she did not return the AHRC Form 4145 until after the reassignment was already made. 3. The applicant states she has completed three deployments and a promotion board is scheduled for March 2010. She feels that without properly documented information or suspense dates given to the Soldier from AHRC, the inactive status code is not justified, as it affects her retirement and promotion eligibility date. 4. The applicant provides a copy of her AHRC Form 4145; a copy of Orders C-02-902428, issued by USAHRC, St. Louis, MO (AHRC-STL), dated 6 February 2009; and a copy of Orders C-04-907634, AHRC-STL, dated 15 April 2009. CONSIDERATION OF EVIDENCE: 1. The applicant's records show she enlisted in the USAR on 24 August 1994 for a period of 8 years as a cadet in the Reserve Officers' Training Corps program at Tarleton State University. After the completion of her education, she was appointed a second lieutenant (2LT)/O-1 in the USAR on 22 July 1996. 2. A copy of the applicant's Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) shows she initially had a retirement year beginning (RYB) date of 24 August 1994 and a retirement year ending (RYE) date of 23 August 1995. Her RYB and RYE were consistent through the period ending 23 August 2008. Reviewing the record in reverse chronological order, it appears that an erroneous entry was made which reflects a RYB date of 16 April 2008 and a RYE date of 15 April 2009. The next entry shows the RYB date as 24 August 2008 and the RYE date as 6 February 2009. The last entry on this form shows the RYB date as 16 April 2009 and the RYE date as 15 April 2010. 3. A copy of a DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 18 February 2008, shows the applicant was released from active duty (REFRAD) and transferred to the 228th Aviation Battalion, Horsham, PA after completion of required active service. 4. The available records contain a copy of Orders 08-305-00001, issued by Headquarters, 11th Aviation Command, Fort Knox, KY, dated 31 October 2008, releasing the applicant from her current assignment and reassigning her to the USAR Control Group (Reinforcement), with an effective date of 1 November 2008 for cogent personal reasons. 5. The AHRC Integrated Web Services (IWS) transaction log indicates that on 6 November 2008, an AHRC Form 4145 was mailed to the applicant. The AHRC IWS also indicates that on 22 December 2008 the applicant failed to respond and a 2nd AHRC Form 4145 was sent. 6. On 6 February 2009, Orders C-02-902428 were issued releasing the applicant from the USAR Control Group (Reinforcement) and assigning her to the Standby Reserve (Inactive List) with an effective date of 6 February 2009 for failing to make an MSO election. 7. The AHRC IWS transaction log shows the applicant initiated an action to update her mailing address, phone number and email address on 24 March 2009. This log also shows the applicant phoned AHRC, Career Management Branch on 3 April 2009, to inquire about annual training opportunities. She was informed that she was currently in an inactive status for failing to respond to an MSO letter. She stated that she never received the letter. It was forwarded to her new address and the applicant indicated that she would make an election and return the form. 8. In support of her claim, the applicant provided a copy of the AHRC Form 4145, dated 1 April 2009. This forms shows that it was mailed to a Los Alamitos, CA, address on 22 December 2008, and it was the 2nd notice. It also shows that the applicant provided a new mailing address in Redondo Beach, CA, which was different from the one above. She also elected to remain a member of the IRR. 9. AHRC Orders C-04-907634, dated 15 April 2009, show the applicant was reassigned to the USAR Control Group (Reinforcement) in the rank of captain effective 15 April 2009 for voluntary reasons. 10. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) provides for Army Reserve assignment, attachments, details and transfers. Section 4-26 identifies the conditions under which a Soldier is released from assignment to an IRR control group. It states that such a release is a result of a Soldier's voluntary or involuntary reassignment to the Selected, Standby, or Retired Reserve, or separation from the USAR. Soldiers on the Inactive Status List may not train for pay or retirement point and are not eligible for promotion. 11. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized. It discusses the procedures for recording retirement point credits and training for USAR Soldiers. Paragraph 1-4 (Establishment of retirement year) of this document provides, in pertinent part, that the retirement year once established will not change as long as the Soldier has continuous service in an active status in a Reserve and/or regular component. It will change when there is a break in active status. For example, if a Soldier initially entered active status in a Reserve Component on 5 May 1968, entered the Regular Army on 5 July 1970 without a break, and transferred to an active status in a Reserve Component on 5 July 1973, then the Soldier's retirement year would be 5 May through 4 May. This paragraph also provides, in pertinent part, that when it is determined that the retirement year ending date shown on the DA Form 1383 (Annual or Terminal Statement of Retirement Points) or any other authorized retirement point credit form is incorrect, a letter requesting correction will be submitted to the appropriate area commander or Commander, AHRC-STL. DISCUSSION AND CONCLUSIONS: 1. The applicant's contention that the P code inactive status should be removed from her records, making the year 2008 eligible for retirement and promotion, was noted. AHRC records show that the first MSO letter was mailed on 6 November 2008 and the second notice was sent on 22 December 2008. She indicates that she never received either notification. The AHRC IWS transaction log shows she updated her mailing address in March 2009. At this point she had already been placed in the Standby Reserve for failing to submit her MSO election. 2. The IWS log also shows she was informed on 3 April 2009 that she was currently in an inactive status for failing to respond to an MSO letter. Although she indicates she never received either letter, it is the responsibility of the service member to keep his/her personnel records and information up to date at all times and this includes the mailing address. Therefore, there is an insufficient basis for granting the applicant's request to remove the inactive status time from her records. 3. Evidence shows that the applicant returned the MSO election to remain in the IRR and on 15 April 2009, she was released from the Standby Reserve and reassigned to the USAR Control Group (Reinforcement); therefore, establishing a new RYB date of 15 April 2009. 4. The applicant's records indicate she had one break in service during the period 6 February 2009 through 14 April 2009. There are no other breaks recorded, thus rendering the entry which reflects the RYB date of 6 April 2008 inaccurate. Therefore, it is recommended that the applicant contact her career manager to remove the line entry of RYB date 16 April 2008 through RYE date 15 April 2009 from her ARPC Form 249-E and request a transfer of the appropriate points creditable for service to the entry which reflects the RYB date of 24 August 2008 and the RYE date of 6 February 2009. 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 for correction of the records of the individual concerned. __________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) AR20100000072 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100000072 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1