IN THE CASE OF:
BOARD DATE: 17 December 2009
DOCKET NUMBER: AR20090010514
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 U.S. Army Reserve (USAR) reassignment orders, dated 27 December 2006, be voided.
2. The applicant states, in effect, that he never received the first notice of his U.S. Army Human Resources Command (AHRC) Form 4145 (Election of Options - Military Service Obligation (MSO)) in time because he is an airline pilot and constantly away from home. He claims that when he received the second notice he signed it and sent it in immediately; however, it was too late and he had already been placed in an inactive status. He contends that he found out he was selected for promotion to lieutenant colonel, but when the board saw his status as inactive his promotion was placed on hold. He indicates that he finished Phase I of his Intermediate Level Education (ILE) and received a military waiver to be educationally qualified for promotion in September 2006 but by the time he was placed back into an active status it was too late. He states that he plans to take Phase I of ILE again in July 2009 and will continue the course in the fall until he completes both phases of ILE.
3. The applicant provides reassignment orders, dated 27 December 2006, and an AHRC Form 4145, dated 2 November 2006, in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant was commissioned as a Reserve officer on 18 May 1986 in the USAR. He was promoted to major effective 27 July 2000.
2. The AHRC Soldier Management System (SMS) indicates that on 18 September 2006 an AHRC Form 4145 was mailed to the applicant. On 2 November 2006, the applicant failed to respond to the AHRC Form 4145 and a second notification was mailed.
3. AHRC Orders C-12-639829, dated 27 December 2006, show the applicant was released from the USAR Control Group (Reinforcement) and assigned to the Standby Reserve (Inactive List) for failing to make an MSO election.
4. In support of his claim, the applicant provided an AHRC Form 4145 second notice, dated 2 November 2006. This form shows that on 21 January 2007 the applicant elected to remain a member of the IRR.
5. AHRC Orders C-10-728386, dated 17 October 2007, show the applicant was released from the Standby Reserve (Inactive List) and assigned to the USAR Control Group (Reinforcement).
6. The AHRC SMS indicates the applicant was selected by the 2006 Lieutenant Colonel Army Promotion List Board as a member of the IRR, that he was transferred to an inactive status in December 2006, and that he lost his selection due to his inactive status.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that he never received the AHRC Form 4145 first notice in time because he is an airline pilot and constantly away from home was carefully considered.
2. Although the evidence of record shows the applicant elected to remain a member of the IRR on 21 January 2007, he failed to submit his MSO election in a timely manner. As a result, he was released from the USAR Control Group (Reinforcement) and assigned to the Standby Reserve (Inactive List) for failing to make an MSO election in December 2006. The evidence of record also shows he was selected by the 2006 Lieutenant Colonel Army Promotion List Board and he lost that selection for being in an inactive status.
3. In view of the foregoing and as a matter of equity, the applicant should not be penalized for failing to submit his MSO election in a timely manner. It would therefore be appropriate to void the 27 December 2006 orders and show the applicant remained in the IRR.
BOARD VOTE:
____x___ ____x___ ____x___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding AHRC Orders C-12-639829, dated 27 December 2006.
____________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) AR20090010514
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