BOARD DATE: 13 July 2010
DOCKET NUMBER: AR20100000072
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 removal of the P code (U.S. Army Reserve (USAR) Standby Reserve Inactive Status) from her records so that 2008 is a creditable year towards retirement and promotion.
2. The applicant states she received a Human Resources Command (AHRC) Form 4145 (Election of Options - Military Service Obligation (MSO)) near
1 January 2009. She contends that no suspense was listed and no information was provided to let her know that she would be involuntarily reassigned into a Standby Inactive Status. She adds she wanted to remain in the Individual Ready Reserve (IRR), but she did not return the AHRC Form 4145 until after the reassignment was already made.
3. The applicant states she has completed three deployments and a promotion board is scheduled for March 2010. She feels that without properly documented information or suspense dates given to the Soldier from AHRC, the inactive status code is not justified, as it affects her retirement and promotion eligibility date.
4. The applicant provides a copy of her AHRC Form 4145; a copy of Orders
C-02-902428, issued by USAHRC, St. Louis, MO (AHRC-STL), dated 6 February 2009; and a copy of Orders C-04-907634, AHRC-STL, dated 15 April 2009.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show she enlisted in the USAR on 24 August 1994 for a period of 8 years as a cadet in the Reserve Officers' Training Corps program at Tarleton State University. After the completion of her education, she was appointed a second lieutenant (2LT)/O-1 in the USAR on 22 July 1996.
2. A copy of the applicant's Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) shows she initially had a retirement year beginning (RYB) date of 24 August 1994 and a retirement year ending (RYE) date of 23 August 1995. Her RYB and RYE were consistent through the period ending 23 August 2008. Reviewing the record in reverse chronological order, it appears that an erroneous entry was made which reflects a RYB date of 16 April 2008 and a RYE date of 15 April 2009. The next entry shows the RYB date as 24 August 2008 and the RYE date as 6 February 2009. The last entry on this form shows the RYB date as 16 April 2009 and the RYE date as 15 April 2010.
3. A copy of a DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 18 February 2008, shows the applicant was released from active duty (REFRAD) and transferred to the 228th Aviation Battalion, Horsham, PA after completion of required active service.
4. The available records contain a copy of Orders 08-305-00001, issued by Headquarters, 11th Aviation Command, Fort Knox, KY, dated 31 October 2008, releasing the applicant from her current assignment and reassigning her to the USAR Control Group (Reinforcement), with an effective date of 1 November 2008 for cogent personal reasons.
5. The AHRC Integrated Web Services (IWS) transaction log indicates that on
6 November 2008, an AHRC Form 4145 was mailed to the applicant. The AHRC IWS also indicates that on 22 December 2008 the applicant failed to respond and a 2nd AHRC Form 4145 was sent.
6. On 6 February 2009, Orders C-02-902428 were issued releasing the applicant from the USAR Control Group (Reinforcement) and assigning her to the Standby Reserve (Inactive List) with an effective date of 6 February 2009 for failing to make an MSO election.
7. The AHRC IWS transaction log shows the applicant initiated an action to update her mailing address, phone number and email address on 24 March 2009. This log also shows the applicant phoned AHRC, Career Management Branch on 3 April 2009, to inquire about annual training opportunities. She was informed that she was currently in an inactive status for failing to respond to an MSO letter. She stated that she never received the letter. It was forwarded to her new address and the applicant indicated that she would make an election and return the form.
8. In support of her claim, the applicant provided a copy of the AHRC Form 4145, dated 1 April 2009. This forms shows that it was mailed to a Los Alamitos, CA, address on 22 December 2008, and it was the 2nd notice. It also shows that the applicant provided a new mailing address in Redondo Beach, CA, which was different from the one above. She also elected to remain a member of the IRR.
9. AHRC Orders C-04-907634, dated 15 April 2009, show the applicant was reassigned to the USAR Control Group (Reinforcement) in the rank of captain effective 15 April 2009 for voluntary reasons.
10. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) provides for Army Reserve assignment, attachments, details and transfers. Section 4-26 identifies the conditions under which a Soldier is released from assignment to an IRR control group. It states that such a release is a result of a Soldier's voluntary or involuntary reassignment to the Selected, Standby, or Retired Reserve, or separation from the USAR. Soldiers on the Inactive Status List may not train for pay or retirement point and are not eligible for promotion.
11. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized. It discusses the procedures for recording retirement point credits and training for USAR Soldiers. Paragraph 1-4 (Establishment of retirement year) of this document provides, in pertinent part, that the retirement year once established will not change as long as the Soldier has continuous service in an active status in a Reserve and/or regular component. It will change when there is a break in active status. For example, if a Soldier initially entered active status in a Reserve Component on 5 May 1968, entered the Regular Army on 5 July 1970 without a break, and transferred to an active status in a Reserve Component on 5 July 1973, then the Soldier's retirement year would be 5 May through 4 May. This paragraph also provides, in pertinent part, that when it is determined that the retirement year ending date shown on the DA Form 1383 (Annual or Terminal Statement of Retirement Points) or any other authorized retirement point credit form is incorrect, a letter requesting correction will be submitted to the appropriate area commander or Commander, AHRC-STL.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that the P code inactive status should be removed from her records, making the year 2008 eligible for retirement and promotion, was noted. AHRC records show that the first MSO letter was mailed on
6 November 2008 and the second notice was sent on 22 December 2008. She indicates that she never received either notification. The AHRC IWS transaction log shows she updated her mailing address in March 2009. At this point she had already been placed in the Standby Reserve for failing to submit her MSO election.
2. The IWS log also shows she was informed on 3 April 2009 that she was currently in an inactive status for failing to respond to an MSO letter. Although she indicates she never received either letter, it is the responsibility of the service member to keep his/her personnel records and information up to date at all times and this includes the mailing address. Therefore, there is an insufficient basis for granting the applicant's request to remove the inactive status time from her records.
3. Evidence shows that the applicant returned the MSO election to remain in the IRR and on 15 April 2009, she was released from the Standby Reserve and reassigned to the USAR Control Group (Reinforcement); therefore, establishing a new RYB date of 15 April 2009.
4. The applicant's records indicate she had one break in service during the period 6 February 2009 through 14 April 2009. There are no other breaks recorded, thus rendering the entry which reflects the RYB date of 6 April 2008 inaccurate. Therefore, it is recommended that the applicant contact her career manager to remove the line entry of RYB date 16 April 2008 through RYE date 15 April 2009 from her ARPC Form 249-E and request a transfer of the appropriate points creditable for service to the entry which reflects the RYB date of 24 August 2008 and the RYE date of 6 February 2009.
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) AR20100000072
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100000072
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090014261
The applicant requests, in effect, that her 6 November 2008 discharge orders from the U.S. Army Reserve (USAR) Control Group (Reinforcement) to the Standby Reserve (Inactive List) for failure to submit an AHRC Form 4145 (Election of Options- Military Service Obligation (MSO)) be voided. On 17 November 2008, the applicant completed her AHRC Form 4145 election statement. The evidence of record shows that USAHRC-St. Louis officials mailed the applicant an AHRC Form 4145 election statement on...
ARMY | BCMR | CY2012 | 20120001106
The applicant states: * he had prior enlisted service in the Army National Guard (ARNG) * he was appointed a second lieutenant (2LT) in the U.S. Army Reserve (USAR) on 20 November 2007 * he was not slotted to attend his Basic Officer Leader Course (BOLC) until 16 March 2009 and given a class date of 21 August 2010 * he deployed to Iraq as a Department of the Army Civilian (DAC) * he attended BOLC from 21 March through 20 July 2011 * he was promoted to 1LT on 20 July 2011 3. The following...
ARMY | BCMR | CY2009 | 20090005307
This form further shows that during the period from 27 December 2006 through 31 May 2007, the applicant was in an inactive status and thus received zero retirement points. Correcting his records to show he remained in the IRR, and thus voiding his service in the Standby Reserve (Inactive List), would readjust his last few retirement years to 13 May 2006 through 12 May 2007 (during which his 21 additional points would added), 13 May 2007 through 12 May 2008 (which would still be a qualifying...
ARMY | BCMR | CY2008 | 20080007303
The applicant requests that her discharge from the U.S. Army Reserve (USAR) on 14 January 2008 be voided and that her record be corrected to show that in February 2007 she elected to be placed in a Reserve unit. Instructions in the applicant's transfer orders informed her that she would be discharged or transferred to the Retired Reserve (if eligible) 1 year from 27 December 2006 unless she provided the MSO form requesting to remain in the Individual Ready Reserve (IRR). The official...
ARMY | BCMR | CY2010 | 20100021404
The additional instructions in these orders state: "You will be discharged or transferred to the Retired Reserve (If eligible) one (1) year from the effective date of this order unless you provide the MSO election form requesting to remain in the IRR. It would further be appropriate to correct her record to show she made a timely MSO election to remain in the IRR on 18 September 2006 and by reinstating her VSI payments accordingly. As a result, the Board recommends that all Department of...
ARMY | BCMR | CY2008 | 20080009899
Therefore, he requests that the orders reassigning him to the Standby Reserve (Inactive) be revoked or a waiver granted so he could appear before the FY 2008 Army Reserve Judge Advocate General's Promotion Selection Board. Additional instructions included in those orders stated, "You will be discharged or transferred to the Retired Reserve (if eligible) one (1) year from the effective date of this order unless you provide the MSO election requesting to remain in the IRR." The evidence of...
ARMY | BCMR | CY2009 | 20090014106
IN THE CASE OF: BOARD DATE: 4 March 2010 DOCKET NUMBER: AR20090014106 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. AHRC Orders D-08-823125, dated 26 August 2008, show the applicant was honorably discharged from the USAR effective 20 August 2008 for failing to make an MSO election. There is no evidence of record which shows the applicant questioned his release from the USAR Control Group (Reinforcement) and reassignment to the Standby Reserve (Inactive List) in August 2007 or his...
ARMY | BCMR | CY2012 | 20120001971
During the processing of this case, an advisory opinion was obtained from the USAHRC-Fort Knox, Chief, Department of the Army Promotions, Special Actions, dated 23 March 2012, who stated that based on the information provided and a review of their records, the applicant's request for promotion to lieutenant colonel should be denied. Later that same year, USAHRC officials twice mailed an MSO election statement presumably to the applicant's "Redcoine Road" address; however, there is no...
ARMY | BCMR | CY2009 | 20090010514
IN THE CASE OF: BOARD DATE: 17 December 2009 DOCKET NUMBER: AR20090010514 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. 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. 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...
ARMY | BCMR | CY2008 | 20080007942
IN THE CASE OF: BOARD DATE: 27 January 2009 DOCKET NUMBER: AR20080007942 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that his discharge from the United States Army Reserve (USAR) be voided and he be allowed to remain in the Individual Ready Reserve (IRR). As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by voiding his 14 January 2008 discharge from the USAR; showing that U.S. AHRC, St....