IN THE CASE OF:	  

		BOARD DATE:  28 January 2014

		DOCKET NUMBER:  AR20130005634 


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 that multiple unexcused absences be removed from his records.

2.  The applicant states that his commander told him that he would not remove the unexcused absences from his records.  Prior to deploying to Iraq, he notified his command that he was relocating from Utah to New York.  Upon returning from deployment, he once again relocated, from New York to Georgia.  He relayed this information to his squad leader.  

3.  He was unsuccessful at finding a unit in Georgia.  To buy more time he went back to Utah to attend drill and complete rescheduled training (RST).  Afterwards, he returned to Georgia and was unable to find a unit.  He requested transfer to the Individual Ready Reserve (IRR), but his request was denied.  He followed procedure and notified his chain of command of the change of his address before he was deployed.  There is an attached memorandum that supports this very reason for being placed in the IRR, but his commander would not allow it until recently and he refuses to reverse the unexcused absences.

4.  The applicant provides:

* a DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Orders 10-273-00012, dated 30 September 2010, issued by Headquarters, 364th Sustainment Command (Expeditionary) 


* a memorandum from the 395th Finance Management Support Unit, dated 
13 March 2013
* a 5-page undated document entitled Soldier Proceeding Procedure for Reassignment of Army Reserve Troop Program Unit (TPU) Soldiers to the IRR
* a memorandum from the Office of the Deputy Chief of Staff , G-1, dated 23 May 2007
* a memorandum from the Office of the Chief, Army Reserve, dated 29 July 2010 
* 3-page Transmittal Letter (TL) History for Fiscal Year (FY) 2012
* 1-page TL  History for FY 2013
* 2-page excerpt from Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures)
* 1-page excerpt from Army Regulation 140-10 (Assignments, Attachments,
Details, and Transfers)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) on 20 November 2008 for an 8-year term of service.  At that time he was assigned to the 395th Finance Company, Salt Lake City, UT.  He is currently assigned to a USAR TPU in Georgia.

2.  Orders 10-273-00012, dated 30 September 2010, issued by Headquarters, 364th Sustainment Command (Expeditionary), show that the applicant was ordered to active duty in support of Operation New Dawn, Iraq, effective 
15 November 2010.  His mailing address was in Ozone Park, NY, and his unit was the 395th Finance Company, Salt Lake City, UT.

3.  The applicant provides a 3-page TL History for FY 2012 that shows he accumulated 8 unexcused absences, with each day below representing two 
4-hour unexcused absences:

* 14 July 2012 
* 15 July 2012
* 18 August 2012
* 19 August 2012
  
4.  The applicant provided a 1-page TL History for FY 2013 that shows he accumulated 16 unexcused absences, with each day below representing two 
4-hour unexcused absences:

* 13 October 2012
* 14 October 2012
* 3 November 2012
* 4 November 2012
* 1 December 2012
* 2 December 2012
* 12 January 2013
* 13 January 2013

5.  The applicant provides a memorandum from the Office of the Chief, Army Reserve, dated 29 July 2010,  Subject: Reassignment of Army Reserve TPU Soldiers to the IRR.  The document stated effective immediately the USAR was relaxing the restrictions on reassignment of enlisted Soldiers to the IRR, provided the Soldier met the criteria in Army Regulation 140-10, paragraphs 4-4a, 4-8, and 4-9, as applicable.

6.  The applicant provides a memorandum, dated 12 March 2013, from the Commander, 395th Finance Management Support Unit.  The Commander stated that he would not change the "U" attendance status for the applicant.

7.  Orders 13-140-00012, dated 20 May 2013, issued by Headquarters, 88th Regional Support Command, show that the applicant was transferred from the 395th Finance Company in Utah and assigned to the 228th Truck Company in Georgia.

8.  There is no evidence in the applicant's military service records that shows he requested to be placed in the IRR.

9.  Army Regulation 135-91, paragraph 4-14a, provides that a Soldier is an unsatisfactory participant when nine or more unexcused absences from scheduled inactive duty training occur during a 1-year period.  Unless an absence was authorized, a Soldier failing to attend a scheduled single or multiple unit training assembly (MUTA) would be charged with an unexcused absence.  When absence involves a MUTA (or any portion of a MUTA), the charge will be one unexcused absence for each 4-hour period not attended, but not to exceed four unexcused absences.  Unexcused absences remain charged to the Soldier on reassignment or reenlistment in another Reserve Component unit.  

10.  Army Regulation 135-91, paragraph 4-19, states a notice of intended relocation should be sent to the unit commander in writing as far in advance of departure as possible.  The notice should include the new address (if known) and evidence that a relocation of residence is in fact to be made.  Procedures to follow on change of address depend on advance notice of relocation, area of 
relocation, and availability of units in the relocated area.  Army National Guard and USAR Soldiers who give notice of relocation will be transferred/reassigned to the area of their new address.  Soldiers who fail to give notice of relocation and Soldiers who cannot be transferred/reassigned will be given a 90-day leave of absence letter.

11.  Army Regulation 135-91, paragraph 6-2, states when it has been determined that a USAR enlisted Soldier is an unsatisfactory participant, the immediate commander will initiate proceedings that result in the reassignment, transfer, or separation of the unsatisfactory participant.  These proceedings are applicable when the unsatisfactory participant is an enlisted Soldier assigned to a USAR unit.  If the commander determines the Soldier has potential for useful service under mobilization, the Soldier will be reassigned to the IRR.

12.  Army Regulation 140-10, paragraph 4-8 states to retain potential mobilization assets, transfer or reassignment to an appropriate IRR control group is mandatory if a Soldier is released from the Active Army, or the Selected Reserve (Army National Guard or USAR) for any of the reason outlined in this section.  This is provided the Soldier meets all of the following conditions:

* has a remaining statutory or contractual military service obligation
* has completed required initial entry training (IET) and has been awarded an MOS
* is not within 3 months of the expiration of a statutory or contractual military service obligation, whichever is the later

13.  Army Regulation 140-10, paragraph 4-9, states voluntary reassignment of a TPU or IMA Soldier to an appropriate control group of the IRR is authorized only under one of the following conditions:

* when there is a confirmed unresolvable employment conflict
* when the Soldier has a change of address to an area beyond reasonable commuting distance of a USAR training center
* for cogent personal reasons; however, for a TPU Soldier this is provided an exception to policy has been approved by the major U.S. Army Reserve Command (MUSARC) commander
* on completion of a contractual agreement to serve in a TPU which the Soldier incurred on initial enlistment in the USAR under a 3x3, 4x2, 5x1, 3x5, 4x4, 5x3, or 6x2 option
* the Soldier is a surviving son or daughter 
* pregnancy 
* not selected for retention by a Qualitative Retention Board and elects reassignment to Control Group (Reinforcement)
* enrolls in an Reserve Officers' Training Corps (ROTC) basic course (nonscholarship) and requests reassignment to the IRR 
* enrolls in the Merchant Marine Academy 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that multiple unexcused absences be removed from his service records.

2.  Evidence of record shows that prior to his deployment to Iraq he relocated to New York.  His active duty orders verify his address in New York.  Upon his release from active duty, he again changed his location from New York to Georgia.  

3.  The applicant contends that he kept his chain of command informed of his relocations.  His commander denied his request to be placed in the IRR.  However, there is no evidence the applicant submitted a notice of intended relocation to his unit commander in writing in advance of departure to include a new address and evidence that a relocation of residence was in fact to be made. He had an obligation to keep his command informed of his intentions prior to relocating.

4.  He contends that he relayed his relocation information to his squad leader. 
There no evidence provided to corroborate his contention.  The applicant has not provided evidence that shows he requested transfer to the IRR due to his relocation to Georgia.

5.  He provided a memorandum which indicated the USAR was relaxing the restrictions on reassignment of enlisted Soldiers to the IRR.  The memorandum referenced Army Regulation 140-10, which states voluntary reassignment of a TPU or IMA Soldier to an appropriate control group of the IRR is authorized when a Soldier had a change of address to an area beyond reasonable commuting distance of a USAR training center.  

6.  It appears he may have met the criteria to transfer to the IRR at the time of his relocation.  However, there is no documentary evidence showing he took the necessary action to keep his commander notified of his plans or that he requested and was unfairly denied transfer to the IRR.  There is no evidence of error in his record of unexcused absences.  As a result, there is insufficient basis for granting 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)                                         AR20130005634





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ABCMR Record of Proceedings (cont)                                         AR20130005634



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