IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20140001256
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 the removal of Orders Number 132-88L published by Headquarters, 81st Regional Command on 11 May 2000 from his records.
2. The applicant states he was reassigned due to unsatisfactory participation but they are in error because he was not in an active Reserve status in January 2000 because he had requested to be placed in the Individual Ready Reserve in August 1998. The orders are a negative reflection on him and prevent him from applying for other military jobs.
3. The applicant provides no additional documents with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant is a U.S. Army Reserve (USAR) Soldier who is currently serving in the pay grade of E-7. He received his 20-year letter on 8 December 2011.
2. The applicants records contain Orders 047-32, date 19 February 1999, showing he was discharged from the USAR effective 16 February 1999.
3. He apparently reenlisted in the USAR on 4 June 1999.
4. The applicants records contain Orders D-06-033624, dated 13 June 2000, showing he was discharged from the USAR effective 13 June 2000.
4. The applicants records shows that on 11 May 2000, Orders Number 132-88L published by Headquarters, 81st Regional Command reassigned the applicant to the USAR Control Group (Reinforcement) due to unsatisfactory participation.
5. His records also show that Orders Number 03-121-00001 published by Headquarters, 87th Division on 1 May 2003 transferred the applicant to the USAR Control Group (Reinforcement) due to unsatisfactory participation.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and appear to lack merit. The evidence submitted with his application and the evidence of record are insufficient to show that the orders in question are either in error or unjust.
2. This is especially true given the fact that his records contain orders showing that he has been declared an unsatisfactory participant on at least two occasions.
3. In addition, his records contain orders indicating he was discharged from the USAR on 16 February 1999; documents indicating he again enlisted in the USAR on 4 June 1999; and was again discharged, on 13 June 2000. These documents render his claim that his transfer to the Individual Ready Reserve in August 1998 overrides the May 2000 reassignment orders moot.
4. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to remove the orders from his records.
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) AR20140001256
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ABCMR Record of Proceedings (cont) AR20140001256
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