RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        4 March 2008
      DOCKET NUMBER:  AR20070013272


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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, in effect, that he be transferred from the
United States Army Reserve (USAR) Retired Reserve to the Individual Ready
Reserve (IRR).

2.  The applicant states, in effect, he requested transfer from his USAR
Troop Program Unit (TPU) and did not specifically request to be transferred
into the Retired Reserve.  He states that it is his desire to resume his
military career and cannot based on his Retired Reserve status.  He claims
that in March 2007, he began the process of trying to rejoin a unit through
recruiters and was informed he had to go through United States Army Human
Resources Command,
St. Louis, Missouri (HRC-St. Louis).  He states that he has talked to
numerous personnel at HRC-St. Louis, and has been unable to be transferred
out of the Retired Reserve.  He states that since he did not specifically
request to be transferred to the Retired Reserve, he is now requesting his
Retired Reserve orders be revoked so that he can resume his military
career.  He claims to have an acceptance letter and a physical from 2004,
which reflects his current physical condition.

3.  The applicant provides the following documents in support of his
application:  Request for Transfer to Non-TPU Status, dated 16 March 2006;
Retired Reserve Orders; Unit Letter of Acceptance, undated; Request for
Transfer from the Retired Reserve to a TPU, undated.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows that he served on active duty in the
Regular Army for 3 years, from 5 January 1983 through 4 January 1985.

2.  On 5 January 1985, the applicant entered the USAR and continued to
serve in various capacities in the USAR until being transferred to the
Retired Reserve on 5 May 2006.  A Retirement Points Summary on file
confirms he has completed a total of 23 years, 6 months, and 22 days of
qualifying service for Reserve non-regular retirement.

3.  Headquarters, 99th Regional Readiness Command, Orders 06-095-00010,
dated 5 April 2006, directed the applicant’s release from his current
assignment and transfer to the Retired Reserve on 4 May 2006.

4.  In connection with the processing of this case, an advisory opinion was
obtained from an HRC-St. Louis, Human Resources Assistant.  This official
states that she was handling the applicant's case before he applied to the
Board, and that in accordance with the governing regulation, the applicant
is required to have a medical examination taken within one year and must
meet the body fat standards in order to return from the Retired Reserve.
This official states that according to the Surgeon's office, the
applicant's 2004 physical examination shows he was not qualified to
transfer out of the Retired Reserve because he did not meet height/weight
regulatory requirements.  She further states she discussed this with the
applicant in October 2007, and he was well aware of the physical results
and that he does not currently qualify based on his current weight.

5.  On 4 December 2007, the applicant was provided a copy of the HRC-St.
Louis advisory opinion in order to have the opportunity to rebut its
contents.  To date, the applicant has failed to respond.

6.  Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers) prescribes policies, responsibilities, and procedures to assign,
attach, detail, remove, or transfer USAR Soldiers.  Chapter 6 contains
guidance on the transfer into and out of the Retired Reserve.  Paragraph 6-
5 contains guidance on transfer to a TPU and states, in pertinent part,
that in order to transfer from the Retired Reserve into a TPU, a member
must have had a medical examination taken within the last year reviewed by
an Army surgeon, and must meet the regulatory body fat standards.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the orders transferring him to the
Retired Reserve should be revoked because he did not specifically request
them was carefully considered.  However, there is insufficient evidence to
support this claim.

2.  The evidence of record confirms the applicant's 2004 physical
examination showed he did not meet the regulatory body fat standard
necessary to qualify for service in the Ready Reserve, and that he was
properly transferred to the Retired Reserve upon his request to leave his
TPU in 2006.  It also shows that he has not had a physical examination
within the last year, which is required to support his transfer from the
Retired Reserve.  As a result, it would not be appropriate or serve the
interest of justice to grant the requested relief in this case.

3.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEA  _  __WDP__  __JLP___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  _____James E. Anderholm___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070013272                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/                                |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |135.0100                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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