| Mr. Carl W. S. Chun | Director | |
| Mr. Vic Whitney | Analyst |
| Ms. Joann Langston | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Raymond J. Wagner | Member |
2. The applicant requests, in effect, that his discharge be revoked and he be reinstated in the Ready Reserve.
3. The applicant states, in effect, that he was discharged for failure to respond to official correspondence that he never received because the Army Reserve Personnel Command (AR-PERSCOM) did not use his correct address.
4. The applicant’s military records show that he served in the Navy from 22 July 1968 through 3 July 1974. After a break in service he was commissioned a second lieutenant in the Army National Guard on 4 June 1978. He continued to serve in Reserve Component unit assignments and the Individual Ready Reserve (IRR) until he was promoted to major effective 4 September 1992.
5. Effective 21 October 1998, he was discharged by the AR-PERSCOM effective the same date. The reason provided for his discharge was his failure to respond to official correspondence on more than one occasion. The address used on the discharge order is in Fresno, California.
6. Official documents in the applicant’s records show that, for at least the past 11 years, he has resided at the same address in Kirkland, Washington. His correct address is also shown on his Chronological Statement of Retirement Points provided by the AR-PERSCOM and it is the same address listed on his DD Form 149, dated 6 June 2001. There is no documentation in the available record to show that the applicant has resided in Fresno, California since his enlistment in the Navy in 1968.
7. Information provided by the Office of Promotions, Reserve Components, revealed that the applicant had been considered for promotion to lieutenant colonel prior to his separation; however, his name has been administratively removed from that list since he was separated prior to the approval of the list.
8. Army Regulation 140-10 provides the policy for assignment, removal, and transfer of Army Reserve personnel. Chapter eight governs membership in the Standby Reserve. Assignment to the Standby Reserve will be in either the Active or Inactive Status List. Soldiers on the Inactive Status List may not train for pay or retirement points and are not eligible for promotion until 12 months after they are returned to a Ready Reserve status.
CONCLUSIONS:
1. It appears that an injustice was done when the applicant was discharged for failure to respond to official correspondence on more than one occasion when an incorrect address was used.
2. The applicant is entitled to have his discharge revoked and be reinstated in his commissioned officer status in the IRR.
3. To provide the applicant a fair opportunity to demonstrate promotion potential his records should be corrected to show that he was transferred to the Standby Inactive List, as an exception to policy, effective 4 June 1995, and then transferred to the Reinforcement Control Group effective with the approval of these Proceedings.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case for the individual concerned be corrected by:
a. revoking his discharge of 21 October 1998;
b. showing that he was transferred to the Standby Inactive List effective 4 June 1995; and
c. transferring him to the Reinforcement Control Group effective with the approval of these Proceedings.
BOARD VOTE:
___jl___ ___rd__ ___rw____ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Joann Langston__
CHAIRPERSON
| CASE ID | AR2001058886 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020226 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.03 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001056493C070420
The applicant requests, in effect, that he be given a Fitness for Duty Evaluation (FFDE), that his transfer to the Retired Reserve be revoked, that he be returned to the Individual Ready Reserve (IRR), and that he be promoted to colonel in accordance with the 28 January 2000 Standby Advisory Board selection for such. The AR-PERSCOM Command Surgeon provided an advisory opinion which he states, in effect, that: 1) the term he used, “temporary medical disqualification,” was not meant in the...
ARMY | BCMR | CY2012 | 20120001106
The applicant states: * he had prior enlisted service in the Army National Guard (ARNG) * he was appointed a second lieutenant (2LT) in the U.S. Army Reserve (USAR) on 20 November 2007 * he was not slotted to attend his Basic Officer Leader Course (BOLC) until 16 March 2009 and given a class date of 21 August 2010 * he deployed to Iraq as a Department of the Army Civilian (DAC) * he attended BOLC from 21 March through 20 July 2011 * he was promoted to 1LT on 20 July 2011 3. The following...
ARMY | BCMR | CY2002 | 2002079072C070215
The applicant requests reconsideration of his earlier appeal to have his discharge voided and that he be transferred to the Retired Reserve with entitlement to prior and future Voluntary Separation Incentive (VSI) payments. She indicated that after her separation from the applicant in December 1999, she was responsible for forwarding the applicant's mail to his new address. VSI annual payments will be discontinued if the member is separated from the Ready Reserve unless the individual...
ARMY | BCMR | CY2008 | 20080009899
Therefore, he requests that the orders reassigning him to the Standby Reserve (Inactive) be revoked or a waiver granted so he could appear before the FY 2008 Army Reserve Judge Advocate General's Promotion Selection Board. Additional instructions included in those orders stated, "You will be discharged or transferred to the Retired Reserve (if eligible) one (1) year from the effective date of this order unless you provide the MSO election requesting to remain in the IRR." The evidence of...
ARMY | BCMR | CY2012 | 20120001971
During the processing of this case, an advisory opinion was obtained from the USAHRC-Fort Knox, Chief, Department of the Army Promotions, Special Actions, dated 23 March 2012, who stated that based on the information provided and a review of their records, the applicant's request for promotion to lieutenant colonel should be denied. Later that same year, USAHRC officials twice mailed an MSO election statement presumably to the applicant's "Redcoine Road" address; however, there is no...
ARMY | BCMR | CY2002 | 2002080749C070215
The applicant was honorably discharged from the USAR on 3 April 2001, under the provisions of Army Regulation 135-175, 2 years after his removal was required by law. VSI annual payments will be discontinued if the member is separated from the Ready Reserve unless the individual becomes ineligible to continue to serve due to medical or age limitations in which case the soldier will be transferred to the Standby Reserve or the Retired Reserve. The applicant was separated from active duty on...
ARMY | BCMR | CY2002 | 2002079849C070215
AR-PERSCOM informed him the he had been discharged effective 22 June 2001 and would not receive future VSI payments. AR-PERSCOM stated that Public Law and the implementing instructions of the Department of Defense (DOD) Financial Management Regulation, Volume 7A, Chapter 35, requires that individuals receiving VSI "must continue to serve in a Reserve Component for the entire period of eligibility for VSI" unless the member's "transfer is required by reason of failure of selection for...
ARMY | BCMR | CY2001 | 2001057659C070420
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. On 23 March 2000, the Congressman, sent a letter to the United States Army Reserve Personnel Command requesting that the applicant be transferred to the Standby Reserve (Inactive) in accordance with Army Regulation 135-133 (Ready Reserve Screening, Qualification Records System, and Change of Address Reports),...
ARMY | BCMR | CY2003 | 2003089516C070403
The applicant states that he should be reinstated in an active status, retroactive to 4 March 2002, issued orders awarding retirement points for his language training by the Army Reserve Personnel Command (AR-PERSCOM), as detailed on his DA Form 1380s (Record of Individual Performance of Reserve Duty Training), and promotion to colonel. The 99 th RST stated that the applicant was discharged for failing to earn 50 points in a retirement year as required by regulation. Army Regulation...
ARMY | BCMR | CY2009 | 20090012219
The advisory official stated that, due to the applicant having been transferred to the inactive list on 19 June 2007 and subsequently transferred back to the USAR Control Group (Reinforcement) on 15 August 2007, he was not on the Reserve Active Status List (RASL) for one continuous year prior to the convening date of the 2007 DA Reserve Components Colonel AMEDD Selection Board. If selected for promotion, his orders to the Retired Reserve should be voided, his promotion effective date and...