IN THE CASE OF: BOARD DATE: 23 July 2015 DOCKET NUMBER: AR20140019707 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, in effect, removal of Headquarters, 99th Regional Support Command (RSC), Orders 02-056-057, dated 25 February 2002, from her Official Military Personnel File (OMPF). 2. The applicant states, in effect, the above reassignment orders for unsatisfactory participation are erroneous and they should not have been published. They are preventing her from being accepted into the Active Guard and Reserve program. Additionally, she states: a. She served honorably on active duty from 15 May 1996 to 22 October 1998. b. She was also honorably discharged from the U.S. Army Reserve (USAR) Control Group on 14 January 2004 based on completion of her service obligation. 3. The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), reassignment orders, discharge orders, and an email message string. CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the USAR Delayed Entry Program on 8 January 1996 for a period of 8 years. 2. Her DD Form 214, shows she entered the Regular Army on 15 May 1996. She was honorably released from active duty on 22 October 1998 and she was transferred to the USAR Control Group (Reinforcement) to complete her Reserve obligation. On 19 September 2005, she was issued a DD Form 215 (Correction to DD Form 214) to correct her training. 3. USAR Personnel Command, St. Louis, MO, Orders C-04-011515, dated 25 April 2000, shows the applicant was released from the USAR Control Group (Annual Training) and she was assigned to the 2174th USAR Garrison, Detachment 1, Fort Eustis, VA, effective 24 April 2000. 4. Headquarters, 99th RSC, Orders 02-056-057, dated 25 February 2002, reassigned the applicant from the 2174th USAR, Garrison Detachment 1, Fort Eustis, VA, to the USAR Control Troup (Annual Training), effective 25 February 2002, in accordance with Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) as an unsatisfactory participant. These orders are filed in the Service folder of the applicant's OMPF. 5. U.S. Army Human Resources Command, St. Louis, MO, Orders D-01-400821, dated 14 January 2004, honorably discharged the applicant from the USAR Control Group (Annual Training) and the USAR effective 14 January 2004. 6. On 30 July 2004, the applicant enlisted and is currently serving in the USAR. 7. The applicant's AHRC Form 249-E (Chronological Statement of Retirement Points) provides a chronological annual history with retirement year beginning dates and retirement year ending (RYE) dates shows, in pertinent part, for – * RYE 7 January 2001, she earned 4 inactive duty points, 15 membership points, and 19 total points creditable * RYE 7 January 2002, she earned 15 membership/total points creditable * RYE 7 January 2003, she earned 1 inactive duty point, 15 membership points, and 16 total points creditable 8. In support of her application the applicant provides an email message string that shows, on 29 October 2014, she contacted a Human Resources Technician at the 99th RSC to assist in the removal of the reassignment orders from her records. She was advised to apply to the Army Board for Correction of Military Records. 9. Army Regulation 140-10, in effect at the time, prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers. Chapter 7 (Removal from Active Status), paragraph 7.3.1 (Nonparticipation – Removal Rule 2.1), shows an enlisted Soldier who fails to attain 50 points by the anniversary of his or her RYE date, will be removed from active status. 10. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides policies, operating tasks, and steps governing the OMPF. a. Only those documents listed in the "Documents Required for Filing" are authorized for filing in the OMPF. Depending on the purpose, documents will be filed in the OMPF in one of three sections: Performance, Service, or Restricted. b. The OMPF Document List shows the notification to the Soldier of unsatisfactory participation is filed in the Service folder of the OMPF. 11. Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files; ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual official personnel files; and ensure that the best interests of both the Army and the Soldier are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files. a. Chapter 7 (Appeals and Petitions) provides the policies and procedures for appeals and petitions for removal of unfavorable information from the OMPF. b. Paragraph 7-2 (Policies and Standards) provides that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF. DISCUSSION AND CONCLUSIONS: 1. The applicant contends the reassignment orders pertaining to her unsatisfactory participation should be removed from her OMPF because the orders are erroneous. 2. The evidence of record shows the applicant was assigned to the 2174th USAR Garrison, Detachment 1, Fort Eustis, VA, effective 24 April 2000. a. She was credited with – * 19 total points for RYE date 7 January 2001 * 15 total points for RYE date 7 January 2002 * 16 total points for RYE date 7 January 2003 b. The evidence of record also shows an enlisted Soldier who fails to attain 50 points by the anniversary of the RYE date will be removed from active status. c. The applicant was reassigned from the 2174th USAR Garrison, Detachment 1, on 25 February 2002, as an unsatisfactory participant and assigned to the USAR Control Troup (Annual Training). d. Thus, the applicant's contention that the reassignment orders were erroneously issued is not supported by the evidence of record. 3. The evidence shows reassignment orders for unsatisfactory participation are authorized to be filed in the OMPF and her orders are correctly filed in the Service folder of her OMPF. 4. By regulation, in order to remove a document from the OMPF, there must be clear and convincing evidence showing the document is untrue or unjust. No such evidence has been provided in this case. Therefore, the document in question should not be removed from the applicant's OMPF. 5. Therefore, in view of the foregoing, there is an insufficient evidentiary basis to grant the applicant's request. 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) AR20140019707 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140019707 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1