BOARD DATE:	 17 September 2013 

		DOCKET NUMBER:  AR20130001151 


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, correction of her Army Military Human Resource Record (AMHRR) to show she was retained in the Active Guard Reserve (AGR) program for a period of 24 months after completion of the Sergeants Major (SGM) Course and any due back pay as a result of this correction.

2.  The applicant states, in effect, that she was involuntarily retired 6 months after completing the SGM Course.  However, the governing Army regulation requires that Soldiers serve for 2 years after completing the SGM Course.  Therefore, she believes she should now be paid for the 18 months service she was denied.

3.  The applicant provides copies of:

* a memorandum from Joint Force Headquarters, Oregon Army National Guard (ORARNG), dated 6 February 2012
* Orders 097-040, Oregon Military Department, dated 6 April 2012 (Corrected copy)
* DA Form 1059 (Service School Academic Evaluation Report), dated        19 June 2012
* DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 30 November 2012




CONSIDERATION OF EVIDENCE:

1.  Records show that on 2 October 2009, the applicant was promoted to SGM, pay grade E-9.

2.  A memorandum from The Adjutant General, ORARNG, dated 6 February 2012, informed the applicant that she had been selected for an involuntary release from the AGR Program.  Under the provisions of the Active Service Management Board (ASMB), a Soldier with more than 20 years of active service will not be retained in the AGR Program beyond their retention control point, mandatory retirement age, or 9 months from the date of this memorandum.  Accordingly, she was to be released not later than 30 November 2012.  The memorandum further stated that separation from the AGR Program as a result of the ASMB is considered an involuntary separation for the purposes of retirement.  The character of her service has been honorable and is so recorded in her records.  There is no appeal process or second look associated with the results of this board.  The results of this board are dictated by the needs of the Army.  Members who are released involuntarily are not considered to be ineffective or substandard in duty performance.  She was instructed to notify the AGR Manager within 30 days of the receipt of this memorandum to inform him of which option she selected from the following:

	a.  Return to traditional drilling status.

	b.  Apply for retirement within 30 days of receiving this memorandum.

	c.  Transfer to the United States Army Reserve (USAR) (Troop Program Unit, Individual Mobilization Augmentee, or Individual Ready Reserve).

3.  Orders 097-040, ORARNG, dated 6 April 2012, as corrected, announced the applicant's reassignment, transition, and placement on the Retired List, effective 1 December 2012 as a SGM.  She had completed 22 years, 11 months, and 
5 days of creditable active service for retirement, and had 25 years, 4 months, and 2 days of service for pay.

4.  A DA Form 1059, dated 19 June 2012, reports that the applicant had attended the SGM Course from 2 August 2010 to 19 June 2012 and had achieved course standards.

5.  Her DD Form 214 ending on 30 November 2012 shows she retired due to sufficient service for retirement.  

6.  Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 12, sets policies and procedures for voluntary retirement of Soldiers because of length of service.  Paragraph 12-4 states a Soldier who has completed 20 but less than 30 years of active service may be retired at his or her request.  The Soldier must have completed all required service obligations at the time of retirement.  Paragraph 12-11 states Soldiers who are selected for attendance at the Sergeants Major Academy and complete the letter of acceptance incur a service obligation to attend the academy.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that her AMHRR should be corrected to show she was retained in the AGR Program for a period of 24 months after completion of the SGM Course, and that she should be paid accordingly.

2.  The available evidence clearly shows that the applicant was selected for release by the ASMB based on the needs of the Army.  This resulted in her having to make a decision to resume traditional drilling status, retire or be transferred to the USAR.  Apparently, she selected retirement.

3.  For the purposes of being released as a result of the ASMB, her retirement is considered to be involuntary.  The 2-year service obligation incurred with completion of the SGM Course would have only prevented her from retiring voluntarily.

4.  The applicant has not provided sufficient documentation or convincing argument showing that what was done in her case was in error or was unjust.

5.  In view of the above, the applicant's request should be denied.

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)                                         AR20130001151





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ABCMR Record of Proceedings (cont)                                         AR20130001151



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