BOARD DATE: 7 August 2014
DOCKET NUMBER: AR20130021482
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 transfer to the Retired Reserve.
2. The applicant states that:
a. When he submitted his resignation from the Individual Ready Reserve (IRR) he was not given the opportunity attend a retirement briefing so he did not understand his options. The person he spoke to at the IRR told him to send a letter requesting dismissal from the U.S. Army Reserve (USAR). After talking to former service members, he was told about the Retired Reserve option that would allow him to continue his service.
b. He is a helicopter pilot with approximately 1500 flight hours, which he believes would benefit the Army in case of war for immediate call-up.
3. The applicant provides:
* orders showing he was honorably discharged from the USAR effective
7 April 2006
* DD Form 149 (Application for Correction of Military Record), dated
29 January 2013
* Army Review Boards Agency letter, dated 5 March 2013
* his 25 March 2013 letter to the U.S. Army Human Resources Command (HRC)
* HRC Information Paper, dated 21 May 2013
* his 30 July 2013 letter to the Nebraska Army National Guard (NEARNG)
* Help with a Federal Agency Form, dated 13 September 2013
* HRC letter, dated 24 October 2013
CONSIDERATION OF EVIDENCE:
1. Following prior NEARNG service as a commissioned officer, he was appointed as a chief warrant officer two (CW2)/W-2, effective 7 December 1991.
2. His record contains:
a. An NEARNG letter dated 16 February 1999 informing the applicant he had completed the required years of service and would be eligible for retired pay upon application at age 60.
b. An HRC letter, dated 24 August 2004, informing the applicant he had been considered, but not selected, for promotion by the 13 April 2004 Army Reserve Components Mandatory Selection Board.
c. An HRC letter, dated 12 July 2005, informing the applicant that he had been considered, but not selected, by the 12 April 2005 Army Reserve Components Selection Board. He had been approved for a three-year exception to policy and his new involuntary removal date was 22 May 2008, unless he was selected for promotion before then.
3. On 11 April 2006, HRC issued Orders D-04-608858 honorably discharging him from the U.S. Army Reserve Control Group (Reinforcement) effective 7 April 2006.
4. The applicant's separation processing documentation is not available for review; however, the 24 October 2013 HRC letter shows he signed a memorandum, dated 27 March 2006, for an unqualified resignation. In that document, he stated he was assigned to the IRR program, but was no longer interested in participating in any facet of the USAR. Based on the unqualified resignation, he was not transferred to the Retired Reserve.
5. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) states a Soldier who completes 20 years or more years of active or inactive service may voluntarily request a transfer to the Retired Reserve.
6. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. Paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.
DISCUSSION AND CONCLUSIONS:
1. The specific facts and circumstances surrounding his separation are not available for review. The applicant states he submitted a resignation from the IRR. This is substantiated by an HRC letter and he was issued orders accordingly. In the absence to evidence to the contrary, the separation process must be presumed to have been in accordance with applicable law and regulations. Further, a request to transfer to the Retired Reserve is a voluntary request that must be initiated by the Soldier.
2. The applicant has not shown any error, injustice, or inequity for the relief he requests. Therefore, there is an insufficient evidentiary basis for granting his request.
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) AR20120018742
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