RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060001994


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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.  The applicant requests that his records be corrected to show he was
discharged from the U. S. Army Reserve (USAR) on 1 January 2005.

2.  The applicant states that the delay in processing his discharge, from
            1 January 2005 to 7 September 2005, has resulted in a debt of
$400 for Servicemen’s Group Life Insurance [premiums].

3.  The applicant provides a U. S. Army Human Resources Command – St. Louis
(USAHRC – STL) memorandum dated 1 July 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant has served in Operation Iraqi Freedom.

2.  After serving as a commissioned officer in the Regular Army, the
applicant was released from active duty on 29 September 1997 and
transferred to the USAR in the rank and grade of Captain, O-3.

3.  On 18 April 2004, the applicant was ordered to active duty, as an
Individual Mobilization Augmentee (IMA), and assigned to Headquarters and
Headquarters Company, 5th Corps.  He deployed to Kuwait/Iraq on 24 April
2004.

4.  By memorandum dated 1 July 2004, USAHRC – STL informed the applicant he
had been nonselected for promotion [for the second time].  He was informed
that he must be discharged not later than 1 January 2005.

5.  On an unknown date, the applicant requested early release from active
duty.  On 28 October 2004, his request was approved.

6.  On 16 November 2004, the applicant was released from active duty.

7.  Orders dated 8 September 2005 discharged the applicant from the USAR
effective 8 September 2005.

8.  The applicant’s Retirement Points History Statement confirms that he
did not perform any inactive duty after he was released from active duty in
November 2004.

9.  In the processing of this case, an advisory opinion was obtained from
the Transition and Separations Branch, USAHRC – STL.  That office noted
that the applicant’s normal mandatory release date, after his second
nonselection for promotion, would have been 1 January 2005.  However, he
had been mobilized prior to receiving the notification and therefore was
not due to be removed until 90 days after demobilization (i.e., 16 July
2005) in accordance with the “Unit Stop Loss” [procedures outlined in]
Military Personnel Message Number 03-041.  The applicant was released from
mobilization early, in October 2005, but the systems were not corrected to
reflect his true status, and publication of his discharge orders was
prevented until his status codes did update.  That office noted that there
were no provisions in law for backdating his discharge orders.

10.  A copy of the advisory opinion was provided to the applicant for
comment or rebuttal.  He rebutted that, in accordance with information
obtained from the Deputy Chief of Staff, G-1 (provided with his rebuttal),
reservists assigned to an Active Army unit are not subject to Stop Loss.
The Office of The Deputy Chief of Staff, G-1 confirmed that he was not
affected by the Stop Loss policy.  Nowhere on his memorandum of
nonselection does it mention that it may be overridden by Stop Loss.  He is
discouraged and frustrated that different sections within USAHRC do not
cross check data to eliminate issues such as these.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was an IMA who was mobilized, assigned to his Active Army
unit, and deployed to Operation Iraqi Freedom in April 2004.  In July 2004,
he was notified that he had been twice nonselected for promotion and was
required to be discharged no later than 1 January 2005.

2.  The applicant was released from active duty in November 2004.  However,
he was not discharged from the USAR until 8 September 2005.  His Retirement
Points History Statement confirms that he did not perform any inactive
training duties after his release from active duty.

3.  It appears that several Government errors occurred in this case.  It
appears the applicant’s status was not updated after he had been released
from active duty.  In addition, it appears his release date was originally
determined based upon a message pertaining to the Stop Loss of Reserve
Component units.  The applicant did not mobilize with a unit.  He mobilized
as an IMA.

4.  It would be equitable to correct the applicant’s records to show he was
discharged from the USAR effective 1 January 2005.

BOARD VOTE:

__jtm___  __pbf___  __rch___  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 orders discharging him from the USAR effective 1 January 2005
were published on 1 December 2004.




                                  __John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001994                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |128.10                                  |
|2.                      |135.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]