IN THE CASE OF:	  

		BOARD DATE:	  4 November 2008

		DOCKET NUMBER:  AR20080014308 


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, that his reduction Orders Number 004-001, dated 22 April 1994, and his reassignment Orders Numbers 025-008, for unsatisfactory participation, dated 10 May 1994, be removed from his OMPF (Official Military Personnel File). 

2.  The applicant states, in effect, that he would like to have these orders removed due to the fact these actions were over 10 years ago and from the Army Reserve. 

3.  The applicant provides a copy of Orders Number 004-001, dated 22 April 1994; and Orders Number 025-008, dated 10 May 1994, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he enlisted in the U. S. Army Reserve (USAR) on 19 February 1992, for 8 years.  He was ordered to active duty for basic training on 28 May 1992.  He was released from active duty on 7 August 1992.  He was ordered to initial active duty for training (IADT) for AIT (Advanced Individual Training) on 2 June 1993, in military occupational specialty (MOS), 45N, M60A1/A3 Tank Turret Mechanic.  He was released from IADT on 25 August 1993.  He was transferred to a TPU (Troop Program Unit).



2.  The applicant's records contain a Letter of Instructions – Unexcused Absence, dated 15 November 1993, which shows that the applicant was absent on four occasions from scheduled unit training assemblies (UTAs) in a one-year period.  The letter stated that the applicant was required to attend all scheduled UTAs and annual training (AT) periods under the provisions of Army Regulation      135-91.

3.  The applicant's records contain a Letter of Instructions – Unexcused Absence, dated 13 January 1994, which shows that the applicant was absent on eight occasions from scheduled UTAs in a one-year period.  

4.  The applicant was promoted to specialist (SPC/E-4) effective 1 March 1994.  

5.  The applicant's records contain a Letter of Instructions-Unexcused Absence, dated 11 April 1994, which shows that the applicant was absent on 12 occasions from scheduled UTAs in a one-year period.  The letter also stated that the applicant was required to attend all scheduled UTAs and AT periods under the provisions of Army Regulation 135-91.  This letter, dated 11 April 1994, indicates that “if he were not aware, if he accumulated 8 unexcused absences within a        1-year period, he would be reduced in grade one rank, and if he acculuated 9 or more unexcused absences he could be reduced one more grade from the last grade held.”  

6.  The applicant was reduced from pay grade E-4 to E-3 effective 22 April 1994, 

7.  On 22 April 1994, the applicant was released from his TPU for unsatisfactory participation and was assigned to the USAR Control Group.  He was released from the USAR on an unknown date.   

8.  The applicant enlisted in the Regular Army on 26 March 1997 in pay grade   E-3.  He was promoted to staff sergeant (SSG/E-6) effective 1 February 2007.

9.  Army Regulation 135-91 (Policies and Procedures Governing Satisfactory Participation) prescribes policies, procedures, and responsibilities pertaining to satisfactory completion of the Ready Reserve service obligation and enforcement procedures pertaining thereto for certain personnel of the Reserve Components. Section III pertains to unexcused absence.  Paragraph 4-9 pertains to conditions    of unexcused absence.  It states, in pertinent part, that enlisted members who are obligated by statute or contract will be charged with unsatisfactory participation when without proper authority they:  (1) accrue in any 1-year period, a total of nine or more unexcused absences from scheduled drills; (2) fail to obtain a unit of assignment during a leave of absence; and (3) fail to attend or complete AT.  Statutorily or contractually obligated enlisted members who are charged with unsatisfactory participation may be transferred to the IRR (Individual Ready Reserve).

10.  Paragraph 4-11 of the same regulation pertains to unexcused absences from unit training assemblies.  It states that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 
1-year period.  Unless an absence is authorized, a Soldier failing to attend a scheduled single or multiple unit training assembly (MUTA) will be charged with an unexcused absence.

11.  Army Regulation 140-158 prescribes policies and procedures pertaining to the classification, promotion, reduction, and grade restoration of enlisted Soldiers 
of the US Army Reserve (USAR).  Chapter 7 governs grade reduction and restoration of USAR Soldiers.  Paragraph 7-2 states that company, troop, battery, and separate detachment commanders of an organization are authorized to reduce those members in pay grade E-2 through E-4 one grade for misconduct.  

12.  Paragraph 7-10, of the same regulation, pertains to reduction for inefficiency. It states that inefficiency is defined as a demonstration by an individual of distinctive characteristics which show the inability to perform the duties and responsibilities of the grade and MOS (military occupational specialty).  It may also include any act or conduct which clearly shows the Soldier lacks those abilities and qualities required and expected of a person of that grade and experience.  Commanders may consider misconduct as bearing on inefficiency.  A Soldier who has served in the same unit for at least 90 days may be reduced one grade for inefficiency.  The commander initiating the reduction will present documents to the reduction authority showing the Soldier's inefficiency which may include record of misconduct during the period concerned.  

13.  Army Regulation 135-178 provides for the separation of enlisted personnel of the USAR and the Army National Guard.  Chapter 6 of the regulation governs the separation for unsatisfactory performance.  The regulation provides that a Soldier may be separated under this chapter when it is determined that he or she is unqualified for further military service by reason of unsatisfactory performance. Soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by his or her military records and may be transferred to the IRR (Individual Ready Reserve).






14.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this regulation states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the Army Board for Correction of Military Records, DASEB, Army Appeals Board, the Chief of Appeals and Corrections Branch of the Total Army Personnel 
Command, or the OMPF custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center, and Chief of the Appeals Branch of the National Guard Personnel Center.  

15.  Table 2 of the regulation pertains to the composition of the OMPF.  It states, in pertinent part, that administrative enlisted reduction action for inefficiency will be filed on the performance fiche of the OMPF.  Orders transferring individuals  among Army Reserve Components, control groups, or units will be file on the service fiche of the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant enlisted in the USAR and attained the rank of E-4.  While assigned to his TPU, the applicant received three Letters of Instructions – Unexcused Absences in a one-year period and had a total of 12 unexcused absences from training.  He was required to attend all scheduled UTAs under the provisions of Army Regulation 135-91, which he did not follow.  He was declared an unsatisfactory participant and was reduced from pay grade E-4 to E-3.

2.  The applicant was released from his TPU due to unsatisfactory participation and was reassigned to the USAR Control Group on 22 April 1994.  He was honorably discharged on an unknown date.

3.  The applicant enlisted in the Regular Army where he is currently serving and has attained the rank of SSG/E-6.

4.  The applicant is now requesting that his reduction orders, dated 22 April 1994 and reassignment orders, dated 10 May 1994, be removed from his OMPF due to the fact that these actions were over 10 years ago and from the USAR.  These documents were properly filed on the performance and service fiche of the applicant's OMPF.  

5.  The applicant has failed to provide compelling evidence that these documents should be removed from his OMPF.  

6.  In order to justify correction of a military record, the applicant must show, to the satisfaction of the Board, or it must otherwise 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

___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)                                         AR20080014308



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ABCMR Record of Proceedings (cont)                                         AR20080014308



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