IN THE CASE OF:	

		BOARD DATE:	 19 August 2008 

		DOCKET NUMBER:  AR20080002654 


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, in effect, to revoke the orders that assigned him to the Retired Reserve so that he can be reinstated into the active reserve.

2.  The applicant states, in effect, that his commander entered a retirement date on his Request for Reserve Component Assignment or Attachment (DA Form 4651) to transfer to the Retired Reserve without his knowledge or authorization. 

3.  The applicant provides a copy of a letter from his elected representative, dated 4 January 2008; DA Form 4651 (Request for Reserve Component Assignment or Attachment) dated 28 August 2007; Department of the Army, Headquarters, Civil Affairs and PSYOP Command (A), Orders 
07-290-00017, dated 17 October 2007; Memorandum for the Record, dated  
28 August 2007; two DA Forms 4856 (Developmental Counseling), dated  
6 August 2007 and 28 August 2007; memorandum from Department of the Army, U.S. Army Human Resources Command (USAHRC), dated 7 December  
2006; memorandum from Department of the Army, 361st Psychological Operations Company, dated 11 August 2007; and a self-authored memorandum, dated 6 August 2007.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he enlisted in the Regular Army on 3 September 1986 for 3 years.  He completed the necessary training and was awarded the military occupational specialty (MOS) 11B (Infantryman).  He served continuously 

until he was honorably released from active duty and transferred to the U.S. 
Army Reserve (USAR) Control Group (Reinforcement), St. Louis, Missouri, on  
22 September 1989.  He completed 3 years and 20 days of Net Active Service This Period.

2.  He was a member of an Army Reserve Troop Program Unit (TPU) when he received a notification of eligibility for retired pay at age 60 (20-year letter) on  
7 December 2006. 

3.  His record shows he received developmental counseling on 6 August 2007 for making a false statement that he would not renew his British passport when it expired and for being arrested on weapons-related charges.  The counseling form shows that he had agreed to and signed the counseling statement on the same day.  On 6 August 2007, the applicant submitted a memorandum stating he would take the corrective action suggested by his counselor.

4.  A memorandum from the 361st Psychological Operations Company, dated  
11 August 2007, was submitted by the applicant's commander on his behalf to serve as an endorsement to retain the applicant's security clearance.

5.  On 28 August 2007, the applicant submitted his request for voluntary transfer to the Retired Reserve on a DA Form 4651.  The effective date for transfer was recorded as 1 October 2007.  Along with his request the applicant submitted a memorandum for record, dated 28 August 2007, which states he requests to transfer to the Retired Reserve because of the situation concerning his Top Secret Clearance and his physical condition was not favorable for him to continue to stay in the service.

6.  On 28 August 2007, his commander conducted the necessary counseling concerning his request to transfer from the TPU and the applicant agreed to and signed the counseling statement the same day.

7.  Orders 07-290-00017, dated 17 October 2007 show that the applicant was released from his assignment with the 361st Psychological Operations Company and assigned to the Retired Reserve, effective 31 October 2007.

8.  In the processing of this case, an advisory opinion was obtained from USAHRC, dated 24 March 2008.  The USAHRC states that the applicant can request transfer from the Retired Reserve in accordance with Army Regulation  
140-10 (Assignments, Attachments, Details, and Transfer) chapter 6.  The applicant was provided a copy of the advisory opinion.  On 23 June 2008 the 
applicant responded that he and his Army Reserve Unit Administrator agreed that the retirement order request was filed in error.  He would like this error corrected so he can get out of the Retired Reserve and rejoin the unit.

9.  Army Regulation 140-10, paragraph 6-1a(2), states, in pertinent part, that Soldiers eligible for assignment to the Retired Reserve must request transfer if they have completed a total of 20 years of active or inactive service in the U.S. Armed Forces.  Paragraph 6-4a, further states that a Soldier who is not receiving retired pay and is otherwise qualified may be transferred to the Individual Ready Reserve (IRR) or to an appropriate TPU or Individual Mobilization Augmentee (IMA) position vacancy.  The transfer must be voluntary based on the Soldier’s request.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the orders assigning him to the Retired Reserve should be revoked so that he can be reinstated into the active reserve.  He also contends that his commander entered a retirement date on his DA Form 4651 to transfer to the Retired Reserve without his knowledge or authorization.

2.  Based on the applicant’s signed DA Form 4651, dated 28 August 2007 and the DA Form 4856 signed on the same day, it’s evident that the applicant should have been aware of the requested retirement date since he agreed to and signed the abovementioned forms on the same day.  In addition, the applicant has not submitted any evidence to justify his claim that the commander entered his retirement date without his knowledge and authorization.

3.  By the applicant's own admission, he voluntarily requested to transfer to the Retired Reserve because the situation concerning his Top Secret Clearance and his physical condition was not favorable for him to continue to stay in the service. Therefore, in the absence of evidence to show error or injustice, there is no basis to revoke his Retired Reserve orders.

4.  However, as noted by the USAHRC official, a Soldier who is not receiving retired pay and is otherwise qualified may request to be transferred to the IRR or to an appropriate TPU or IMA position vacancy in accordance with the procedures established in Army Regulation 140-10, Chapter 6, specifically paragraph 6-5.





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)                                         AR20080002654



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ABCMR Record of Proceedings (cont)                                         AR20080002654



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