BOARD DATE:	 1 May 2012 

		DOCKET NUMBER:  AR20110018263 


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 defers his request, statement, and evidence to counsel.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests correction of the applicant's records as follows:

* Voiding the applicant's discharge orders, dated 26 August 2008, and removal of these orders from his official military personnel file (OMPF)
* Reinstating the applicant as a commissioned officer in the U.S. Army Reserve (USAR) with all appropriate promotions
* Paying the applicant all back pay and allowances as if he participated with his Reserve unit in all drills and activations

2.  Counsel states:

* Applicant informed his unit that he wanted to transfer to the Individual Ready Reserve (IRR) but despite not having any further military obligations, his unit refused or failed to process his request for over a year
* By regulation, he had no military service obligation; therefore, he was entitled to a transfer to the IRR without any justification
* His chain of command appears to have been disappointed with his request for a transfer to the IRR and demanded that he remain with his unit until his replacement arrived and was trained
* Despite the delay and adverse reaction by the chain of command, the transfer was done albeit untimely 
* He advised officials at the U.S. Army Human Resources Command (HRC) about his wishes to transfer to the IRR
* HRC ultimately published orders honorably discharging him from the USAR 
* His improper transfer led to the loss of a qualifying year for retirement and ultimately his discharge

3.  Counsel provides:

* Multiple email exchanges with various individuals
* Multiple DA Forms 4651 (Request for Reserve Component Assignment or Attachment) and allied documents
* Multiple DA Forms 4856 (Developmental Counseling Form)
* Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points)
* Self-authored email time line
* Discharge Orders D-08-821116 
* Multiple award orders, officer evaluation reports (OERs), and service school academic evaluation reports throughout his military service

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was born on 10 March 1968. 

2.  He was appointed as a Reserve commissioned officer and executed an oath of office on 2 June 1990.  He was later appointed in the Massachusetts Army National Guard (MAARNG) and executed an oath of office on 21 November 1990.  

3.  On 30 May 1993, he was promoted to first lieutenant.  

4.  On 10 January 1999, he was honorably separated from the ARNG and transferred to a troop program unit (TPU) of the USAR.  

5.  He was considered by a special selection board that convened on 5 October 1999 and selected for promotion to captain (CPT) effective 1 February 1997.

6.  He served as a Civil Affairs (CA) officer with the 404th CA Battalion in Kirkuk, Iraq and he was promoted to major (MAJ) on 17 July 2003.

7.  He was assigned to the 94th Regional Readiness Command, Devens, MA, at some point between January 2003 and December 2005.  He was reassigned to the 342nd MP Detachment, a TPU of the 342nd MP Battalion, in or around December 2005.

8.  On 6 May 2007, he submitted a DA Form 4651 through his chain of command wherein he requested a voluntary transfer to the IRR in accordance with Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers).  He cited personal reasons.

9.  He submitted a voluminous exchange of emails with what appears to be officials/members of his chain of command wherein he was instructed to finish his OER and those for the subordinates he rated, close-out current projects, ensure a good and complete battle handover, return a government-issued laptop, indicate his intent regarding an already-scheduled training course, and meet all his obligations.

10.  He also submitted other email exchanges wherein his supervisors and/or members of his chain of command followed up on the closeout status of various functions.  

11.  On 1 June 2007, he submitted a memorandum through his chain of command again requesting a voluntary reassignment to the USAR Control Group (Reinforcement, or IRR).  He again cited personal/family reasons and scheduling conflict.

12.  His chain of command (342nd MP Battalion, 655th Regional Support Command, and 94th Regional Readiness, Command) appear to have concurred with his request on various dates.

13.  On 18 July 2007, he was counseled by his commander regarding the transfer to the IRR.  His commander indicated that he had researched an alternate drilling schedule as well as a unit closer to his home but none of these alternatives met his needs.   

14.  Over the next 2 months he submitted several emails to various individuals requesting the status of his request for a transfer to the IRR.

15.  On 10 August 2007, by memorandum addressed to HRC-STL, he tendered his unqualified resignation from the USAR citing a scheduling conflict and family reasons.  His chain of command concurred with his request on different dates.


16.  On 24 January 2008, after he had tendered his resignation, he submitted yet another memorandum requesting to transfer to the IRR so that he could take care of his family.  It appears that at some stage he was transferred from his TPU to the IRR.  His transfer orders are not available for review with this case.  The Total Army Personnel Database shows the applicant was transferred to the IRR on or about 16 June 2008. 

17.  On 26 August 2008, he was honorably discharged from the USAR.  His ARPC Form 249-E show she completed 16 qualifying years towards non-regular retirement, through 1 June 2007.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in the ARNG and the USAR.  In May 2007, he requested a transfer to the IRR.  His chain of command instructed him that prior to transfer to the IRR he had to complete his close-out obligations (evaluations, equipment, training, etc).  In August 2007, he tendered his resignation from the USAR.  

2.  It appears that he was transferred to the IRR around June 2008 and he was ultimately discharged from the USAR in August 2008.  The delay in the processing of his transfer to the IRR is acknowledged.  It is reasonable for the chain of command to expect and require an outgoing officer to close out any or all pending issues prior to departure.  

3.  Most importantly, the applicant requested to be discharged when he tendered his resignation in August 2007.  His discharge appears to be correct and he provided no convincing argument to void it.  In addition, he provides no explanation of how he would have acquired a qualifying year by being in the IRR that he could not have acquired in his unit.

4.  He last attended unit training in June 2007 (according to his most recent ARPC Form 249-E).  There is insufficient evidence to support his claim for additional retirement points.

5.  His date of rank as a MAJ is July 2003.  The earliest he would have been considered by a mandatory Reserve Component Selection Board would have been July 2010 based on 7 years in the lower grade.  He was discharged in August 2008, prior to achieving the 7 years of time in grade.

6.  In view of the foregoing evidence he is not entitled to the requested relief.  


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)                                         AR20110018263



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ABCMR Record of Proceedings (cont)                                         AR20110018263



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