| Mr. Carl W. S. Chun | Director | |
| Mr. Paul A. Petty | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Ms. Kathleen A. Newman | Member |
APPLICANT REQUESTS: That his United States Army Reserve (USAR) officer commission be reinstated.
APPLICANT STATES: In effect, that he understood that he was transferred to the inactive Ready Reserve. Promotion board appearances were not satisfied due to USAR commanders sending correspondence to an incorrect address for him.
EVIDENCE OF RECORD: The applicant's military records show:
That he was appointed as a USAR commissioned officer in the grade of second lieutenant (2LT) from Eastern Michigan University Reserve Officer Training Corps (ROTC) on 1 May 1987, and assigned to the USAR Control Group (Reinforcement). On 6 January 1988, he was reassigned to a USAR Troop Program Unit (TPU), the 524th ASA Company, Detroit, Michigan. On
16 September 1988, he was reassigned to the Headquarters and Headquarters Section, 314th Military Intelligence Battalion, Detroit, Michigan. He received an annual Officer Evaluation Report for the period 1 May 1987 through 4 May 1988, that was a center-of-mass, always exceeds requirements, and promote with contemporaries report. On 1 June 1989, he was reassigned to A Company, 314th Military Intelligence Battalion, Detroit, Michigan. He attended the Military Police Officer Basic Course (OBC) on active duty for training at Fort McClellan, Alabama, from 24 April 1990 through 18 January 1991. He received an academic evaluation report showing that he achieved course standards. Following OBC, he was returned to A Company. On 16 April 1990, he was promoted to first lieutenant (1LT). On 5 August 1992, he was transferred from Company A to the Control Group (Annual Training) due to unsatisfactory participation in Company A. His home address was listed on Lawn Road.
He was considered for promotion to captain (CPT) by the 1994 and 1995 Reserve Components Selection Boards and was not selected for promotion. He was honorably discharged from the USAR 8 May 1995, due to being twice non-selected for promotion. Discharge orders were sent to his address on Lawn Road.
Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers), paragraph 4-5.1, states, in pertinent part, that a TPU officer who accrues 9 or more unexcused absences in a 12 month period may be involuntarily transferred to an appropriate control group of the IRR. Paragraph
4-2, states, in pertinent part, that a soldier who has not completed 3 years active duty and has not completed his or her statutory obligation, is authorized assignment to the control group (Annual Training). Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and
Enforcement Procedures), paragraph 3-7, states, in pertinent part, that persons commissioned on or after 1 June 1984, incur an obligation for 8 years.
Army Regulation 140-10, paragraph 8-2, states, in pertinent part, that transfer to the Standby Reserve Inactive List, during which time they cannot be considered for promotion, is authorized only for key employees and general officers.
Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers other than General Officers) states, in pertinent part, that a 1LT will be considered for mandatory promotion to CPT at 4 years time-in-grade as a 1LT.
Army Regulation 135-175 (Separation of Officers), paragraph 4-4, states that an officer will be discharged for failure to be selected for promotion after second consideration by a Reserve Components Selection Board.
Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures), paragraph 3-2a(2), states that it is the responsibility of soldiers assigned to control groups to promptly report any change of address to the commander, Army Reserve Personnel Command.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:
1. The applicant was correctly and justly discharged, according to regulation, for two-time nonselection to the rank of CPT USAR. There is no personal appearance authorized before an officer mandatory promotion board so the applicant was not denied such an opportunity. The applicant was responsible for ensuring that the commander, AR-PERSCOM, had his correct mailing address. It is noted that the applicant was correctly transferred from a TPU to the Control Group (Annual Training), according to regulation, due to unsatisfactory participation.
2. In view of the foregoing, there is no basis for granting the applicant's request to reinstate his commission.
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
___iw___ ___rd___ __kn___ DENY APPLICATION
| CASE ID | AR2002067473 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020627 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | 19950508 |
| DISCHARGE AUTHORITY | AR 135-175 |
| DISCHARGE REASON | Nonselection for Promotion |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.03 - Reinstatement |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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