IN THE CASE OF: 

		BOARD DATE:	  11 December 2012

		DOCKET NUMBER:  AR20120001971 


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 27 December 2006 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, and that no break in service be reflected.  He further requests to be reinstated in the Individual Ready Reserve (IRR) in the rank/grade of lieutenant colonel (LTC)/O-5 with a date of rank (DOR) of 2008.
 
2.  The applicant states he was released from the USAR Control Group (Reinforcement) sometime in 2008 for failing to make an MSO election.  He further states that his address was incorrectly represented at the time in the    U.S. Army Human Resources Command's (USAHRC) system as "Redcoine Road" vs "Redwine Road."  Ironically, he continued to maintain his updated address and was only informed that he was discharged after he inquired in January 2012, about taking an Individual Mobilization Augmentee position at Forces Command.   

3.  The applicant provides:

* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders B-04-603374
* Orders C-12-64121B
* DA Form 71 (Oath of Office – Military Personnel)


CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was appointed as a second lieutenant in the USAR and executed an oath of office on 13 May 1988.  He entered active duty on 30 September 1988, served in various positions, and was honorably discharged from active service in the rank/grade of captain (CPT)/O-3 in the Adjutant General Corps on 9 January 1996.

2.  The applicant's records also show he was later appointed as a CPT in the  USAR and he executed a DA Form 71 on 10 January 1996.  

3.  A review of the applicant's Integrated Web Services (IWS) Transaction History shows he was corresponding with USAHRC through traditional mail from as early as October 2000.

4.  His records contain Orders B-04-603374, issued by USAHRC-St. Louis, dated    26 April 2006, which show he was promoted to the rank/grade of major/O-4 on 31 January 2000.  The applicant's address is listed on these orders as "Redcoine Road."

5.  A review of the applicant's IWS Transaction History shows USAHRC mailed MSO letters to the applicant on 18 September and 2 November 2006 (although it does not show what address they were mailed to), instructing him to make an election; however, they received no response.  

6.  On 27 December 2006, USAHRC-St. Louis, mailed the applicant            Orders C-12-64121B which reassigned him from the USAR Control Group (Reinforcement) to the Standby Reserve (Inactive List) because he had failed to make an MSO election.  The applicant's address is listed on these orders as "Redcoine Road."

7.  A review of the applicant's IWS Transaction History reveals on 23 January 2012, the applicant contacted Career Management at USAHRC to change his mailing address and question his IRR status.  He was informed that his status showed he was no longer in the military.

8.  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.  Currently the applicant's status does not show that he is affiliated with any Army component which makes him ineligible for promotion consideration.  The Chief further recommended the applicant contact the USAR Control Group (Reinforcement) Inactive Ready Reserve Management Team for any questions he may have with regard to reinstatement.

9.  On 26 March 2012, the advisory opinion was furnished to the applicant for information and to allow him the opportunity to submit comments or a rebuttal.  On 29 March 2012, the applicant responded with a rebuttal, wherein he stated he understood that any promotion would be a secondary consideration to his request for reinstatement without a break in service to the IRR.  He further stated he had contacted the USAR Control Group IRR Management Team who referred him to the Army Review Board Agency.  He claims the USAR Control Group IRR Management Team would be willing to process a reinstatement to his rank at his unintended separation, but they were unable to reinstate him without a break in service. 

10.  Department of Defense (DOD) Directive 1235.13, paragraph 4.5, in pertinent part states officers who have fulfilled their MSO and have not taken action to elect to remain in the IRR shall be advised of the requirement to remove them from the military.  The Military Departments shall remove those officers from the military within 2 years after fulfillment of the officer’s MSO unless they positively elect to remain in the IRR past their MSO.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his 27 December 2006 discharge from the USAR should be voided and he should be reinstated in the IRR with no break in service.  He further requests to be reinstated at the rank of LTC with a DOR of 2008.

2.  A review of the applicant's IWS Transaction History shows he was corresponding with USAHRC through traditional mail from as early as October 2000.  In addition, the applicant's address which is listed on his April 2006 orders which promote him to major is listed as "Redcoine Road."    

3.  Later that same year, USAHRC officials twice mailed an MSO election statement presumably to the applicant's "Redcoine Road" address; however, there is no documentary evidence which shows that he responded or made an election.  Accordingly, USAHRC-St. Louis released him from the USAR Control Group (Reinforcement) and transferred him to the Standby Reserve (Inactive List) on 27 December 2006.  

4.  He now claims that he resided at the address, "Redwine Road" and that he was never notified of the requirement to submit an MSO election in 2006; however, contrary to his claim, he provided no evidence nor do his records contain evidence which shows he exercised due diligence by taking action to correct or maintain this address with USAHRC prior to January 2012.  

5.  In view of the foregoing evidence, the applicant's reassignment to the Standby Reserve (Inactive List) would be inappropriate.

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)                                         AR20120001971



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ABCMR Record of Proceedings (cont)                                         AR20120001971



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