IN THE CASE OF:
BOARD DATE: 24 June 2008
DOCKET NUMBER: AR20070018259
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests correction of his military records to reinstatement him into the Individual Ready Reserve (IRR).
2. The applicant states that the reasons for his non-participation and subsequent transfer to the Retired Reserve were beyond his control and unrelated to his desire to serve his country.
3. The applicant provides copies of Human Resources Command, St. Louis (HRC-STL) Orders C-09-630623, dated 21 September 2006, reassigning him to the Retired Reserve; undated memorandum from the Deputy Chief, Veterinary Corps, soliciting volunteers for retiree recall for deployment; HRC-STL memorandum, dated 18 October 2007, reference the applicant; and DD Form 2808 (Report of Medical Examination), dated 14 November 2007; and DD Form 2795 (Pre-deployment Health Assessment), dated 14 November 2007.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a member of the Retired Reserve.
2. The applicant was commissioned in 1984 and served through a series of assignments with both the United States Army Reserve and the United States Air Force. He attained the rank of lieutenant colonel, pay grade O-5.
3. HRC-SLT Orders C-09-630623, dated 21 September 2006, reassigned the applicant to the Retired Reserve with 20 or more creditable years of service for retired pay at age 60.
4. On 18 October 2007, the Boots on the Ground (BOG) Coordinator, HRC-STL notified Womack Army Medical Center that the applicant was scheduled for a voluntary 180/210 day BOG rotation to Iraq starting on or about 1 May 2008.
5. The applicants Chronological Statement of Retirement Points (ARPC
Form 249-2-E), dated 8 February 2008, shows that he had a qualifying year for retirement each year from 1986 through 2005. His last qualifying year for retirement ended on 14 May 2005. He was transferred to the Retired Reserve on 22 September 2006 with 20 years, 4 months, and 8 days of creditable service.
6. In processing this case, an advisory opinion was obtained from the Director, Army Medical Department Directorate, United States Army Human Resources Command, St. Louis, Missouri. The official stated, in effect, that Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) provides, in pertinent part, that to be eligible for transfer from the Retired Reserve to the Individual Ready Reserve, the individual must not have been removed from active status by board action or by operation of law. In the applicants case, he was removed from active status by operation of law due to his not participating with his unit in order to garner a good retirement year. His last good retirement year ended on 14 May 2005.
7. On 4 March 2008, a copy of the advisory opinion was sent to the applicant for his information and opportunity to rebut. To date, no response has been received.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant was removed from active status by operation of law due to his non-participation, and transferred to the Retired Reserve. Therefore, he is not eligible for subsequent transfer to the Individual Ready Reserve.
2. The applicant has not provided any substantiating evidence showing that his non-participation was for reasons beyond his control. There is no available evidence of record to support his contention.
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 the aforementioned requirement.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X____ ___X____ 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.
_________X______________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20070018259
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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