IN THE CASE OF:	   

		BOARD DATE:	  13 March 2014

		DOCKET NUMBER:  AR20130010590 


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 amendment of Headquarters, 99th Regional Readiness Command, Coraopolis, PA, Orders 05-286-00029, dated 13 October 2005, to change the reason for his release from current assignment from "USAR [U.S. Army Reserve] TPU [Troop Program Unit] NO SHOW FROM A USAR NON-UNIT CATEGORY" to "VOLUNTARY TRANSFER TO THE USAR CONTROL GROUP."  In the alternative, he requests revocation of the orders.

2.  He states:

	a.  He was released from active duty on 31 May 2005 at the end of his initial 4-year contract.  Prior to his expiration of term of service, he spoke to a Retention Noncommissioned Officer (NCO) as part of the Army Career and Alumni Program process.  The Retention NCO stated he could finish his military service obligation in the USAR and be eligible for a $10,000.00 bonus.  At the time he wanted to return home and pursue other job and educational endeavors, so he declined.

	b.  In June 2005, he was contacted by a local recruiter in his home town who indicated he needed to update his address.  He went to the recruiting station and spoke with an NCO about his options for continuing to serve.  He told the recruiter he was pursuing other goals and did not want to join the USAR at that time, but would contact him when he was ready.  The NCO had him sign a blank DA Form 4187 (Personnel Action) and explained to him that he was going to see what kind of units were in the area where he resided.  The NCO told him he would be in contact regarding his options.

	c.  On 28 June 2005, less than a month after being released from active duty, he received orders assigning him to a local USAR military police (MP) unit which he never requested.  Upon receiving the orders, he was in contact with the Retention NCO for the MP unit.  He explained to her what had happened.  She had him sign a counseling statement stating he needed to attend drill with the unit.  She was unwilling to rectify the situation.  He told her he did not want to be part of that unit and he had just left active duty and wanted to know what his options were.  Over a year later, he was in contact with a different Retention NCO who assigned him to a USAR unit in Lancaster, PA.  He did not realize he had been transferred out of the previous MP unit as a "no show" or the effect it would have on his future.  He has now requested an Active Guard Reserve (AGR) tour, but he is unable to apply due to the "no show" orders in his records.

	d.  He has been an active Reserve Soldier since 2006, he has deployed twice, and he is currently mobilized in support of Operation Enduring Freedom.  He would like to further his active duty service by applying for service in the AGR Program.

3.  He provides:

* three DD Forms 214 (Certificate of Release or Discharge from Active Duty)
* orders
* seven DA Forms 2166-8 (NCO Evaluation Report (NCOER))
* four DA Forms 1059 (Service School Academic Evaluation Report)

CONSIDERATION OF EVIDENCE:

1.  On 31 May 2005, the applicant was honorably released from active duty as a member of the Regular Army in the rank/pay grade of sergeant (SGT)/E-5 and transferred to the USAR Control Group (Reinforcement).

2.  On 28 June 2005, the U.S. Army Human Resources Command (HRC) issued Orders C-06-513154 releasing him from the USAR Control Group (Reinforcement) and assigning him to the 744th MP Battalion, Bethlehem, PA, effective 27 June 2005.  These orders show the entry:  "REASON:  VOLUNTARY."

3.  On 13 October 2005, Headquarters, 99th Regional Readiness Command, issued Orders 05-286-00029 releasing him from his assignment to the 744th MP Battalion and assigning him to the USAR Control Group (Annual Training) effective 13 October 2005.  These orders show the following entries:

* "REASON:  USAR TPU NO-SHOW FROM A USAR NON-UNIT CATEGORY"
* "AUTHORITY:  AR 140-10 [Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers)]"

4.  His records show he was assigned to a USAR unit in 2006 and has continued to serve as a USAR TPU member.  His USAR service has included deployments to Iraq and Afghanistan and he has been promoted to sergeant first class/E-7.

5.  His transaction history in the HRC Integrated Web Services, a human resources management tool, contains an entry, dated 24 April 2013, showing he was notified he had not been added to the AGR consideration list because his records reflected that he had been involuntarily removed from his unit of assignment during his military career.  He was informed that this was a nonwaivable disqualification for entry in the AGR Program in accordance with Army Regulation 135-18 (The AGR Program), table 2-3 (Nonwaivable Disqualifications for Entry in the AGR Program).

6.  He provided NCOER's showing he was rated as "Among the Best" for four rating periods from 14 March 2007 through 16 September 2012.  He also provides DA Forms 1059 showing he exceeded course standards for the Warrior Leader Course (2007) and Transportation Management Coordinator Advanced Leader Course Phase 2) (2011) and achieved course standards for the Basic NCO Course (2008) and Transportation Management Coordinator Advanced Leader Course Phase 1 (2011).

7.  The Deputy, Operations Management Division, HRC, provided an advisory opinion, dated 15 November 2013, during the processing of this case.  The advisory official stated HRC did not find a convincing or compelling argument to warrant revoking or amending Orders 05-286-00029.  The advisory official stated the applicant spent 4 years serving on active duty and it was highly unlikely that he would sign a blank DA Form 4187.  Furthermore, the events took place in 2005 and he took no action until he realized the impact of the "no show" on his AGR Program application.

8.  On 3 January 2014, the applicant responded to the advisory opinion.  He states, in part, that as a young SGT he had complete confidence in the senior NCO who presented him with a blank DA Form 4187 requesting authorization to do a job search on his behalf.  He had no intention of joining a unit at that time.  The orders had no impact on him prior to his pursuit of his desire to become an AGR Soldier or impact him during three mobilizations after receiving the orders.

9.  Army Regulation 140-10 covers policy and procedures for assigning, attaching, removing, and transferring USAR Soldiers.

	a.  Paragraph 2-6 states a Soldier may voluntarily request assignment to a USAR unit through several means, including contacting a recruiter.  Assignment to a unit requires a position vacancy and military occupational specialty (MOS) qualification or acceptance by the unit commander provided the MOS qualification is attained within a specified period.

	b.  Paragraph 4-10 states the involuntary reassignment of a TPU Soldier to an appropriate control group of the Individual Ready Reserve (IRR) is authorized when a Soldier is reported as a "no-show" per paragraph 4-18.

	c.  Paragraph 4-18 states the responsible authority will reassign a Soldier from a TPU to the appropriate IRR control group when the Soldier fails to report and cannot be located within 90 days after the date of reassignment from the IRR.

10.  Army Regulation 135-18, table 2-3, lists nonwaivable disqualifications for entry in the AGR Program.  The nonwaivable disqualifications include involuntary removal from a unit (Selected Reserve) assignment:

	a.  for cause,

	b.  on attaining maximum years of service,

	c.  as a result of qualitative retention board action, or

	d.  as a result of selective retention board action.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support the applicant's request for amendment of Orders 05-286-00029 to change the reason for his release from assignment or support revocation of the orders.

2.  Other than his own statement, there is no evidence that he was improperly assigned to the 744th MP Battalion shortly after his release from active duty in 2005.  The orders assigning him to the 744th MP Battalion show he voluntarily requested release from the USAR Control Group (Reinforcement) to be assigned to the unit.  Although he indicates his assignment was the result of signing a blank DA Form 4187, there is no documentary or other evidence to support this statement.

3.  He states the 744th MP Battalion Retention NCO informed him he was expected to attend drill with the unit and was unwilling to rectify the situation.  It appears he understood what was expected of him, but he failed to comply.  As a result, he was released from the unit as a "no show."

4.  A review of the available records shows no evidence of error in 
Orders 05-286-00029.  While it is unfortunate that he is precluded from entry in the AGR Program because of these orders, that alone is an insufficient basis for amending or revoking the orders.

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)                                         AR20130010590



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ABCMR Record of Proceedings (cont)                                         AR20130010590



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