IN THE CASE OF:	  

		BOARD DATE:	        07 MAY 2009

		DOCKET NUMBER:  AR20080019933 


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 her discharge from the United States Army Reserve (USAR) be voided and that she be transferred to the Retired Reserve.

2.  The applicant states she was scheduled to retire 2 years prior to her discharge and that she was involuntarily extended. 

3.  The applicant provides no additional documentation in support of her application.

CONSIDERATION OF EVIDENCE:

1.  On 23 March 1990, the applicant accepted an appointment as a Reserve commissioned officer in the rank of first lieutenant.  She was assigned to the 349th General Hospital in Los Angeles, California, as a surgical nurse.

2.  The applicant was promoted to the rank of captain in USAR on 22 March 1994.

3.  On 25 May 2004, the applicant was notified by the United States Army Human Resources Command (AHRC) that a Department of the Army Reserve Components Mandatory Selection Board convened to considerer officers of her grade for promotion.  She was informed that the board examined the performance portion of her official military record according to the Memorandum 

of Instructions provided by the Secretary of the Army and she was considered but, unfortunately she was not among those selected for promotion by the board. The applicant was told that the records reviewed by the Department of the Army Selection Board did not indicate that she had completed the required civilian and/or military education by the day that the board convened (21 January 2004). She was instructed to refer to the mandatory education requirements for promotion as specified in Army Regulation 135-155, paragraphs 2-8 and 2-9, and Table 2-2 or Table 2-3.  The applicant was told that if she completed the education requirements not later than the day before the selection board convened, she may request reconsideration by applying through command channels to the Chief, Office of Promotion (Reserve Components), ATTN:  TAPC-MSL-N, 9700 Page Avenue, St. Louis, Missouri, 63132-5200.

4.  On 28 March 2006, the applicant was notified that a Department of the Army Reserve Components Selection Board convened on 10 January 2006 to consider officers of her grade for promotion.  She was told that she was considered but, unfortunately, she was not among those selected for promotion by the board; and that as a result of nonselection a second time, she must be discharged in accordance with title 10, United States Code, section 1450(a) or Army Regulation 140-10.  The applicant was told that her established removal date was not later than 1 October 2006 unless she was eligible for and requested transfer to the Retired Reserve.  She was told that additional instruction would be issued by her chain of command.

5.  On 14 March 2007, AHRC-PAP2-10, Orders D-03-706384 were published honorably discharging the applicant from the USAR with an effective date of 31 March 2007.

6.  The available evidence does not show the applicant ever requested a transfer to the Retired Reserve prior to discharge from the USAR.

7.  On 9 February 2009, a Chronological Statement of Retirement Points was completed on the applicant by the USAR Personnel Command.  The statement shows the applicant had completed 1 year of qualifying service for retirement and she had a total of 448 points creditable towards retirement.  

8.  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 of Soldiers to and from the Retired Reserve.  It states that eligible Soldiers must request transfer to the Retired Reserve if they:  (1) Are entitled to receive retired pay from the United States Armed Forces because of prior military service; 
(2) Have completed a total of 20 years of active or inactive service in the United States Armed Forces; (3) Are medically disqualified for active duty resulting from a service-connected disability; (4) Were appointed based on the condition the Soldier immediately apply for transfer to the Retired Reserve; (5) Reached the age of 37 and completed a minimum of 8 years of qualifying Federal service; 
(6) Reached the age of 37, completed a minimum of 8 years of qualifying Federal service and served at least 6 months of active duty in time of war or national emergency.  (Service performed after 1 July 1949 is also creditable.); 
(7) Completed 10 or more years of active Federal commissioned service; or 
(8) Are medically disqualified, not as a result of own misconduct, for retention in an active status or entry on active duty, regardless of the total years of service completed. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that her discharge from the USAR should be voided and that she should be transferred to the Retired Reserve.

2.  The applicant’s contentions were considered.  However, after carefully examining the available evidence there is an insufficient evidentiary basis to support her claim and there is compelling evidence to deny the requested relief.  

3.  The available evidence clearly establishes that the applicant’s military service spanned a period from 23 March 1990 through 31 March 2007 and during that period she did not accrue the qualifying years of creditable military service necessary to request transfer to the Retired Reserve.

4.  The available evidence does not show that she met any of the previously mentioned criteria contained in Army Regulation 140-10 to be eligible for transfer to the Retired Reserve at the time of her discharge.  Therefore, the applicant has established no basis for voiding her discharge and transferring her to the Retired Reserve.

5.  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.

6.  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.




      _______ _ XXX  _______   ___
               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)                                         AR20080019933



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ABCMR Record of Proceedings (cont)                                         AR20080019933



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