Search Decisions

Decision Text

ARMY | BCMR | CY2013 | 20130021482
Original file (20130021482.txt) Auto-classification: Denied

		
		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130021482



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2015 | 20150002118

    Original file (20150002118.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The evidence of record shows the applicant was discharged from the USAR on 7 April 2006. There is no evidence of record which shows the applicant requested transfer to the Retired Reserve.

  • ARMY | BCMR | CY2015 | 20150001599

    Original file (20150001599.txt) Auto-classification: Approved

    The applicant requests: * the Board finds that he was improperly discharged from the U.S. Army Reserve (USAR) in 2007 * adjustment of his mandatory removal date (MRD) to reflect the breaks in service * restoration of his highest rank achieved, lieutenant colonel (LTC), and that he be allowed to continue to serve in that capacity until mandatory retirement at age 60 * service credit in the rank of LTC retroactive to the date of his enlistment on 21 February 2014 2. On 3 April 2013, by email,...

  • ARMY | BCMR | CY2014 | 20140007959

    Original file (20140007959.txt) Auto-classification: Approved

    The G-1 processed his separation order based upon his election on 17 January 2013 and it was not included in the separation pay discussion with the HRO. The evidence shows that on 17 January 2013 the applicant elected transferred to the Retired Reserve in the event of non-selection for retention. As a result, the Board recommends that all Department of the Army and State ARNG records of the individual concerned be corrected by amending Military Department of Nebraska Orders Number 116-730,...

  • ARMY | BCMR | CY2012 | 20120009171

    Original file (20120009171.txt) Auto-classification: Denied

    He was transferred to the USAR Individual Ready Reserve (IRR) effective 2 March 1993 to complete his 8-year obligation and should therefore have been separated from the IRR effective 14 May 1996. In a memorandum, dated 24 April 2012, the Iowa ARNG stated its full support of the applicant's request for correction of his separation from the IRR. There is no evidence of record and he provided none to show he resigned or requested to be separated from the IRR upon the completion of his MSO or...

  • ARMY | BCMR | CY2014 | 20140000187

    Original file (20140000187.txt) Auto-classification: Denied

    The applicant provides: * Promotion list for MAJ, Army Promotion List (APL), dated 5 August 2003 * Army Reserve Personnel Command Form (ARPC) 155-R (Promotion Qualification Statement) * General Officer congratulatory letter * DA Form 4651-R (Request for Reserve Component Assignment or Attachment) * Request to the U.S. Army Human Resources Command (HRC) for consideration by a special selection board CONSIDERATION OF EVIDENCE: 1. Unfortunately, in accordance with Army Regulation 135-155...

  • ARMY | BCMR | CY2008 | 20080007303

    Original file (20080007303.txt) Auto-classification: Denied

    The applicant requests that her discharge from the U.S. Army Reserve (USAR) on 14 January 2008 be voided and that her record be corrected to show that in February 2007 she elected to be placed in a Reserve unit. Instructions in the applicant's transfer orders informed her that she would be discharged or transferred to the Retired Reserve (if eligible) 1 year from 27 December 2006 unless she provided the MSO form requesting to remain in the Individual Ready Reserve (IRR). The official...

  • ARMY | BCMR | CY2011 | 20110023090

    Original file (20110023090.txt) Auto-classification: Denied

    The applicant requests correction of his records to void his 10 October 2004 discharge from the U.S. Army Reserve (USAR) and to be transferred to the Retired Reserve. In the processing of this case, an advisory opinion was obtained from HRC which states the applicant's request should not be approved unless he can provide evidence to show he was led to believe he would be transferred to the Retired Reserve instead of being discharged as he requested. After reviewing his request for...

  • ARMY | BCMR | CY2007 | 20070009589C080407

    Original file (20070009589C080407.doc) Auto-classification: Denied

    The applicant requests, in effect, that his records be corrected to show no break in service between the date he was released from active duty on 30 June 2006, and his entry into the United States Army Reserve (USAR); and that his records be placed before a Special Selection Board (SSB) for consideration for promotion to Major (MAJ) under the guidelines of the 2007 Army Medical Department (AMEDD) Reserve Component Selection Board (RCSB). A United States Army Human Resources Command (HRC)...

  • ARMY | BCMR | CY2013 | 20130011880

    Original file (20130011880.txt) Auto-classification: Denied

    On 19 June 2006, he petitioned this Board for correction of his record to show he was promoted to MAJ. On 30 November 2006, the Board granted him relief in that it ordered his records submitted to a duly-constituted SSB for promotion consideration to MAJ under the 1994 and 1995 criteria and if selected to promote him to the grade of MAJ, if otherwise qualified. c. While serving with the USAR, the applicant was promoted to MAJ, effective 1 April 1994. It is reasonable to presume the...

  • ARMY | BCMR | CY2010 | 20100011325

    Original file (20100011325.txt) Auto-classification: Approved

    She also requests credit for her 3 years of service in the U.S. Army Reserve (USAR) from 18 May 2007 to 17 May 2010, credit for 14 days of annual training that she would have served in the IRR for each of the 3 years since the error occurred, and if any correction action is taken, correction to her records to show she had been in the IRR continuously from 18 May 2007 until the effective date of any corrective changes and that she be given sufficient time to transfer from the IRR to a troop...