RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          19 AUGUST 2004
      DOCKET NUMBER:  AR2004099903


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Curtis Greenway               |     |Member               |
|     |Mr. William Powers                |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  In effect, the applicant requests that orders reassigning her to the
Army Reserve Control Group (Reinforcement) on 16 February 2000 be corrected
to show that her reassignment was a voluntary transfer.

2.  The applicant states she left the 244th Aviation Brigade in 1998
because of a work and a school conflict.  She provided letters from her
work to the unit administrator concerning the circumstances, cleared the
unit, and spoke with the commanding officer, who told her that everything
was taken care of.  She was supposed to receive a letter stating that she
was placed in the IRR (Individual Ready Reserve) voluntarily.  She never
received the letter and when she tried to activate her SMP (Simultaneous
Membership Program) kicker, she was told that she could not do so because
she had been an unsatisfactory participant with the 244th.

      a.  The applicant states that she joined the 244th in August 1997,
attended all drills, and constantly looked for things to do.  Because she
had the time, she volunteered her services with the S-2 section where her
husband worked.  In April 1998 she and her husband notified the company
commander that they needed to transfer to the IRR because training with the
244th conflicted with their work and school.  The company commander
informed them to get with the unit administrator to find out what they had
to do to be reassigned.  They did so and were informed that they had to
provide documents showing that the Reserve training caused them a hardship.
 They provided the requested information, cleared supply and signed over
the equipment in May 1998.  The company commander assured them that they
would be voluntarily transferred to the IRR.   She lived at the address
that she provided the 244th until June of 2000 when she and her husband
separated.  She moved in with her brother.  The post office had the change
of address within a week of her move.  She and her husband were divorced in
February 2001, and her former husband took some of her personal and
military paperwork; consequently, she is unable to produce any of the
letters that she gave her unit administrator in May of 1998.

      b.  When she joined the ROTC (Reserve Officer Training Corps) program
in January 2002, she applied for her SMP kicker, but was told that she
could not receive it because she was an unsatisfactory participant with the
244th.  She has tried to get this corrected through the 244th and with the
Army Reserve Command.  She was advised to apply to this Board for relief.

3.  The applicant provides a copy of orders reassigning her to the Army
Reserve Control Group (Reinforcement), a memorandum to this agency from the
Assistant S-2 of the 244th, memorandums of support from three individuals
of the 416th Engineer Command, and a copy of her divorce decree.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Army Reserve Delayed Entry Program (DEP)
for eight years on 24 June 1993.  She was discharged from the DEP upon her
enlistment in the Regular Army for three years on 29 September 1993.  She
was released from active duty on 27 September 1996 upon her ETS (expiration
of term of service) and transferred to the Army Reserve Control Group
(Reinforcement) to complete her statutory military service obligation.

2.  Orders published by the Army Reserve Personnel Center show that she was
voluntarily reassigned to the 244th on 21 August 1997.  She was promoted to
pay grade E-4 in February 1998.

3.  On 16 February 2000 the Army Reserve Command published orders
reassigning the applicant from the 244th to the Army Reserve Control Group
(Reinforcement) because she was an unsatisfactory participant [with the
244th].

4.  Orders published by the Army Reserve Personnel Command show that she
was voluntarily reassigned to the 416th Engineer Command on 10 April 2001.
On 8 June 2002 she reenlisted in the Army Reserve for three years.

5.  A summary of the retirement points that she earned shows that she
satisfactorily trained with her Reserve unit, the 244th, through her
retirement year ending on 31 January 1999, but that she only earned 7 IDT
(inactive duty for training) points for the retirement year ending on 31
January 2000, an indication that she attended few drills during that
retirement year.

6.  In a 19 November 2003 memorandum to this agency, the Assistant S-2 of
the 244th stated that he had been assigned to the 244th since 1996 and
during that time the unit had many company commanders, first sergeants, and
unit administrators.  He stated that the applicant had worked with his
section from time to time, and eventually transferred out of the unit due
to schooling and employment conflicts.  He stated that he specifically
remembers her turning in organizational equipment and clearing supply
before her last drill.  He stated that he believed that a mistake had been
made in processing her paperwork, stating that the idea that she was an
unsatisfactory participant was ridiculous.  She attended her drills and
processed out of the unit just as any other Soldier would.  He stated that
she was dedicated and possessed integrity.

7.  Three members of the 416th Engineer Command provided memorandums
attesting to the applicant's good qualities and excellent character.

8.  Army Regulation 140-10 covers policies and procedures for assigning,
removing and transferring Reserve Soldiers.  Paragraph 4-10 states that the
involuntary assignment of a TPU (troop program unit) Soldier to an
appropriate control group of the IRR is authorized for unsatisfactory
participation [in unit training assemblies].  A Soldier is an
unsatisfactory participant when nine or more unexcused absences from
scheduled drills occur during a 1-year period.  Involuntary reassignment is
discretionary and may be made in lieu of discharge proceedings.

9.  Paragraph 4-9 of that same regulation authorizes the voluntary
reassignment of a TPU member to an appropriate control group of the IRR
when the Soldier has a confirmed unresolvable employment conflict, cogent
personal reasons, or dependency or hardship.

10.  Army Regulation 135-91 defines Army Reserve service obligations and
prescribes polices and procedures governing the various types of service
obligations and participation requirements.  Effective 1 June 1984 all
personnel incur an 8-year statutory obligation on initial entry into the
Armed Forces.  The    8-year military service obligation may be satisfied
by a combination of active duty or ADT (active duty for training), troop
program unit duty, and duty in a Reserve Control Group.  In the instance of
a Soldier who served in the Regular Army for   3 years, the remaining
obligation may be satisfied by assignment to the Army Reserve Control Group
(Reinforcement).

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence and the applicant has not provided any to show
that her involuntary reassignment to the IRR for unsatisfactory
participation was erroneous.  In this respect, regularity is presumed.

2.  Nonetheless, the applicant's appeal is convincing, and in this, she is
supported by a Captain of the 244th who was familiar with her situation at
the time of her transfer.  That officer also attests to her work ethic and
integrity, as do three members of her current Army Reserve unit.
Furthermore, the applicant served on active duty for almost three years and
in the 244th in excess of two years.  She had no obligation to remain with
the 244th and could have voluntarily transferred to the IRR at her will,
without the necessity of providing documents attesting to an employment or
a school conflict with unit training.  Consequently,  the 244th company
commander and unit administrator could have effected her reassignment to
the IRR immediately upon her request.
3.  Therefore, in all fairness to her and in the interest of justice, it
would be appropriate to correct her orders to show that she was voluntarily
assigned to the Army Reserve Control Group (Reinforcement) on 16 February
2000.

BOARD VOTE:

___FE __  ___CG __  ___WP__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by
showing that she was voluntarily reassigned to the Army Reserve Control
Group (Reinforcement) on 16 February 2000.




            _____Fred Eichorn________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004099903                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040819                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |135.01                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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