APPLICANT REQUESTS:: That his transfer from his reserve unit to the Retired Reserve be voided and that he instead be transferred to the USAR Control Group (Reinforcement).
APPLICANT STATES: That he was not advised of his options at the time of his separation. In addition, he was misinformed of the ability of a soldier assigned to the IRR to actively participate in the Army Reserve.
EVIDENCE OF RECORD: The applicant's military records show:
On 13 February 1994 the applicant, while assigned to a reserve troop program unit as a construction squad leader in pay grade E-6, was notified that he was to be considered by a Qualitative Retention Board (QRB). In response to that notification, he completed a DA Form 4187 certifying that he had 22 years of qualifying service for retired pay and that he elected transfer to the Retired Reserve if he was not selected for retention in his unit. In an addendum to that form, the applicant was advised that if he was assigned to the USAR Control Group (Reinforcement), he could subsequently be assigned to a unit which was not under the command or the operational control of the command that convened the QRB.
On 15 April 1994 orders were published transferring the applicant to the Retired Reserve by reason of nonselection for retention by a QRB.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. Contrary to the applicants contention, he was advised in writing of his options if he was not selected for retention, and that he could later rejoin a reserve unit if he accepted assignment to the USAR Control Group (Reinforcement).
2. In view of the foregoing, there is no basis for granting the applicants request.
DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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