APPLICANT REQUESTS: Release from the Retired Reserve and assignment to an active Reserve unit. In effect, the applicant is requesting that the Board assist him in finding an USAR Reserve unit
APPLICANT STATES: When his reserve unit underwent a reorganization, his food service warrant officer position was phased out. He was placed into the Retired Reserves. He feels that his unit or other active Reserve units need a food service warrant position.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant had prior reserve with the United States Air Force. His service in the USAR started approximately in June 1971 and included both enlisted and warrant officer status. His principal duty was as a Food Service Technician.
On 27 April 1995, the applicant signed a DA Form 4187, acknowledging that he had 26 years of qualifying service for non-regular retired pay and that due to the reorganization of his unit he was being reassigned. As assignment to another unit was not available, he applied for transfer to the Retired Reserve with Special Separation Pay.
Orders, dated 10 August 1995 assigned the applicant to the Retired Reserve, effective 21 April 1995.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. 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
2. The applicant, by signing the DA Form 4187 acknowledged that he chose to request transfer to the Retired Reserve.
3. The applicant's application for transfer to the Retired Reserve, under the provisions of Army Regulation 140-10 was administratively correct and in conformance with applicable regulations. There is no indication that the request was made under coercion or duress.
4. The Board appreciates the applicants desire to continue to serve in the USAR, however, finding a active Reserve unit is not within the purview of the Board.
5. In view of the foregoing, there is no basis for granting the applicant's 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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