IN THE CASE OF:  

		BOARD DATE:  26 April 2012

		DOCKET NUMBER:  AR20110016199 


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 reconsideration of the Arizona Army National Guard (AZARNG) Active Service Management Board (ASMB) results and continued retention in the AZARNG Active Guard Reserve (AGR) Program.

2.  The applicant states he has been serving in the AZARNG for 17 years and he feels he is still able to continue serving.  He does not feel his record was properly reviewed.  His record in the interactive Personnel Electronic Records Management System is now up to date for review.  He is unable to produce a DA Form 705 (Army Physical Fitness Test Scorecard) for the time frame prior to 1 October 2008 as required for the ASMB.  The training records for his unit were lost during the unit's redeployment from Afghanistan.

3.  The applicant provides copies of:

* his letter to the President of the ASMB, dated 19 May 2011
* a memorandum for record from the battalion operations sergeant, dated 5 July 2011
* Army National Guard Retirement Points History Statement, dated 5 July 2011
* his DA Form 705 for 5 December 2010 and 15 June 2011


CONSIDERATION OF EVIDENCE: 

1.  The applicant is a retired ARNG sergeant first class/E-7.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he last entered active duty on 26 July 2004.

2.  A memorandum, Joint Force Headquarters-Arizona, dated 22 February 2011, subject:  Non-retention for Continued Service on the Calendar Year 2011 (CY11) AZARNG Enlisted AGR ASMB, notified the applicant he had been selected for release from the AZARNG AGR Program by the CY11 AZARNG Enlisted AGR ASMB.  The memorandum further informed him that:

	a.  he would be released from the AGR Program and transferred to the status he elected not later than 30 November 2011;

	b.  his options included:

		(1)  return to drilling status,

		(2)  apply for retirement, or

		(3)  transfer to the U.S. Army Reserve (USAR);

	c.  separation from the AGR Program as a result of the ASMB is considered an involuntary separation for retirement purposes; and

	d.  there is no appeal process or a second look associated with the results of the ASMB.

3.  On 19 May 2011, the applicant submitted a request for favorable consideration for retention to the President of the ASMB.  His request provided a detailed outline of his career in the AZARNG to include an explanation of the absence of a DA Form 705 verifying his physical fitness test results for the time frame prior to 1 October 2008 as required by the ASMB.  The battalion operations sergeant provided a strongly-worded memorandum for record endorsing the applicant's request.  However, there is no indication of the disposition of his request in his records.

4.  The applicant retired from the ARNG on 30 November 2011.  His DD Form 214 shows he completed a total of 20 years, 8 months, and 11 days of active duty service.

5.  An advisory opinion was obtained from the Chief, Personnel Policy Division, National Guard Bureau (NGB), in the processing of this case who recommended disapproval and stated:

	a.  A review of the evidence and the materials provided by the applicant did not show evidence of error or injustice.

	b.  Each State ARNG has been permitted to manage the life cycle of their AGR force.  The ASMB is conducted annually based on the needs of the ARNG and continuation is determined by the requirements of the ARNG, not the preferences or needs of the individual Solider.

	c.  The applicant believes he should be retained in the AZARNG AGR Program due to his experience and past performance as a supply sergeant.   The applicant's records were reviewed by the ASMB in accordance with Army Regulation 135-18 (The AGR Program), NGB Policy Memorandum 09-17, and NGB Policy Memorandum 10-012, and he was selected for release from the AGR Program.

	d.  ASMB determinations are final and do not qualify for an appeal.  The AGR Soldiers selected for release may choose to revert to traditional drilling status, retire, interstate transfer, or apply for other non-AGR Full-Time National Guard Duty.  In this case, the applicant chose to retire with over 20 years of active military service.  A review of the available records pertaining to the ASMB reveals no evidence of material error in the board proceedings or that he applicant suffered any injustice.

	e.  The State concurs with the recommendation.

6.  On 3 January 2012, a copy of the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  The applicant did not respond.

7.  Army Regulation 135-18 prescribes the policy and procedures for the administration of the AGR Program.  It provides Army policy for the selection, utilization, and administration of ARNG and USAR Soldiers ordered to active duty.  The objective of the AGR Program is to provide highly-qualified officers, warrant officers, and enlisted Soldiers to meet the full-time support requirements for ARNG and USAR projects and programs.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be granted reconsideration by the AZARNG ASMB and granted continued retention in the AZARNG AGR program due to his experience and past performance as a supply sergeant.  He states he doesn't feel his records were reviewed properly, but the records are now up to date.

2.  The evidence shows the applicant was selected for release from the AZARNG AGR Program by the CY11 AZARNG Enlisted AGR ASMB.  He was given the opportunity to elect to return to drilling status, apply for retirement, or transfer to the USAR.  He elected to retire.

3.  There is no appeal process or a second look associated with the results of the ASMB.  The states are authorized to manage their AGR Soldiers and the ASMB is the prescribed instrument to accomplish that end.

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 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)                                         AR20090009234



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ABCMR Record of Proceedings (cont)                                         AR20110016199



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