MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 1 August 2002
         DOCKET NUMBER: AR2002068538

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Ms. Joyce A. Wright		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Mr. Melvin H. Meyer		Member
Ms. Regan K. Smith		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That Headquarters, 121st United States Army Reserve Command Orders 134-19, dated 18 December 1987, be removed from his Service (S) Fiche, Service Computation Data Section, of his Official Military Personnel File (OMPF) or be revoked.

APPLICANT STATES: That his unit, the 3343rd USA Hospital in Mobile, Alabama, was performing annual training in San Antonio, Texas where he decided to reside. He located a unit in Texas, within his time frame, and drilled with his new unit. He later returned to his unit with no lost time in meeting his yearly drills. In support of his application, he submits a copy of his reassignment orders, dated 18 December 1987, and letter from a former service member (FSM), now retired.

EVIDENCE OF RECORD: The applicant's military records show he enlisted in the USAR on 3 June 1980. He was ordered to active duty (AD) on 4 September 1980 and released from AD on 17 December 1980. He was trained as a food service specialist. He was transferred to the 3343rd Hospital, Mobile, Alabama, a troop program unit (TPU). On 1 April 1986, the applicant reenlisted for 6 years in the Army Reserve.

The applicant was ordered to AD for annual training (AT) for the period 23 August to 9 September 1987, with duty at Fort Sam Houston, Texas.

The applicant provided a copy of Headquarters, 121st US Army Reserve Command Orders 134-19, dated 18 December 1987. This order shows that the applicant was released from the 3343rd USA Hospital in Mobile, Alabama and was assigned to the USAR Control Group (Reinforcement), effective 18 December 1987. This order also shows that the reason for transfer was unsatisfactory participation.

He continued to serve in the Control Group until he was honorably released on 10 December 1991, in order to enlist in the District of Columbia Army National Guard (DCARNG). He was honorably discharged from the DCARNG on 17 August 1992. He was transferred to the USAR Control Group (IRR).

The applicant’s retirement points accounting summary shows credit for drill of 11 points, credit for AT of 15 points, and credit for membership of 15 points, for a total of 41 points for retirement year ending 3 June 1987 to 2 June 1988.

There is no record of transfer, drill or assignment of the applicant to a unit in San Antonio, Texas.




The applicant provided a copy of a letter from a FSM, dated 6 February 2002. The FSM stated that he and the applicant were assigned to the 3343rd USA Hospital and were stationed at Fort Sam Houston in San Antonio, Texas for AT. The applicant was present and attending AT and decided to remain in San Antonio to the best of his knowledge. He joined a unit in San Antonio; however, he is unable to recall how long the applicant resided in San Antonio. The applicant returned to Mobile, Alabama and to his parent unit. The applicant had a good and satisfactory record while assigned to the 3343rd USA Hospital and he continued to give advice to him on remaining in the USAR. The FSM concluded by stating the orders transferring the applicant were in error and unjust.

Army Regulation 140-10, in effect at the time, set forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers. Chapter 4 of the regulation governs transfer to the Individual Ready Reserve (IRR). Section I pertains to unsatisfactory participants. It states, in pertinent part, that TPU enlisted members who fail to satisfactorily participate may be transferred to the IRR, or to a control group to complete their statutory or contractual military service obligation (MSO). Transfer will be without board action or characterization of service.

Army Regulation 135-91 (Policies and Procedures Governing Satisfactory Participation) prescribes policies, procedures, and responsibilities pertaining to satisfactory completion of the Ready Reserve service obligation and enforcement procedures pertaining thereto for certain personnel of the Reserve Components. Section III pertains to unexcused absence. Paragraph 4-9 pertains to conditions of unexcused absence. It states, in pertinent part, that enlisted members who are obligated by statue or contract will be charged with unsatisfactory participation when without proper authority they: (1) accrue in any 1-year period, a total of nine or more excuse absences from schedules drills; (2) fail to obtain a unit of assignment during a leave of absence; and (3) fail to attend or complete AT. Statutorily or contractually obligated enlisted members who are charged with unsatisfactory participation may be transferred to the IRR.

Paragraph 4-16 of the same regulation pertains to notice of relocation. It states that a notice of intended relocation should be sent to the unit commander in writing as far in advance of departure as possible. The notice should include the new address (if known) and evidence that a relocation of residence is in fact to be made. Army National Guard (ARNG) and USAR members who give notice of relocation will be reassigned to the area of their new address. Members who fail to give notice of relocation and members who cannot be reassigned will be given a 90-day leave of absence letter.



Paragraph 4-17 pertains to procedures. It states that on receipt of a notice of planned relocation for USAR members, the unit commander will contact the major US Army Reserve Command for assignment in the new location through the automated unit vacancy system (AUVS). A leave of absence of 90-days will be granted to USAR members.

Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.

Table 2 of the regulation pertains to the composition of the OMPF. It states, in pertinent part, that orders transferring members among Army Reserve Components, control groups, or units will be filed on the S Fiche, Service Computation Data Section.

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 Board notes his contention that Headquarters, 121st US Army Reserve Command Orders 134-19, dated 18 December 1987, should be removed or revoked. The Board also notes that the applicant has not shown that any error or injustice existed in filing of his orders, which transferred him to the Control Group.

2. The evidence of record does not show that when the applicant was performing AT in San Antonio, Texas, he decided to remain and located a unit in Texas within his time frame, and drilled with his new unit.

3. The Board notes that in accordance with regulation, the notice of intended relocation should be sent to the unit commander in writing as far in advance of departure as possible. The notice should include the new address and evidence that a relocation of residence is in fact to be made. The Board also notes that USAR members who give notice of relocation will be reassigned to the area of their new address and members who fail to give notice of relocation and members who cannot be reassigned will be given a 90-day leave of absence letter.



4. The applicant has failed to provide this Board with evidence to show that he obtained a unit of assignment in writing during his absence. The applicant was charged with unsatisfactory participation and was transferred to the IRR in accordance with pertinent regulations.

5. The Board concludes that the applicant’s contested orders reassigning to the
Control Group is properly filed on the S fiche of his OMPF in accordance with applicable regulations.

6. 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 this requirement.

7. 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

__sc___ ___mm___ __rs__ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2002068538
SUFFIX
RECON
DATE BOARDED	20020801
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . USAR . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1. 1021
2.
3.
4.
5.
6.