IN THE CASE OF:
BOARD DATE: 23 September 2014
DOCKET NUMBER: AR20140002615
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, in effect, that his orders reassigning him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) be corrected to show that he was a satisfactory participant when he was reassigned.
2. The applicant states, in effect, that he was a satisfactory participant while in the USAR; however, his orders reassigning him to the USAR Control Group (Reinforcement) show Unsatisfactory Participant" as the reason for his reassignment.
3. The applicant provides a one-page letter explaining his application, two third-party letters of support, and a copy of his Army Commendation Medal (ARCOM) award certificate.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the USAR on 26 March 1990 for a period of 8 years and training as an occupational health therapist. He successfully completed his active duty training and was returned to his USAR unit of assignment, a hospital unit in St. Louis, Missouri.
3. The facts and circumstances surrounding his transfer are not present in the available records, but his statement of retirement points shows he did not accrue any points during retirement year 26 March 1996 through 25 March 1997.
4. Orders 256-10, issued by Headquarters, 89th Regional Support Command, Wichita, KS on 12 September 1996, show he was transferred to the USAR Control Group (Reinforcement), effective 12 September 1996, under the provisions of Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), paragraph 4-15 (Involuntary Reassignment of Troop Program Unit (TPU) Enlisted Soldiers), by reason of unsatisfactory participation.
5. A review of his official records failed to reveal any information that would suggest that he appealed or disputed his transfer at the time.
6. Army Regulation 140-10, paragraph 4-15 provides, in pertinent part, that a TPU Soldier may be involuntarily reassigned to the appropriate group of the Individual Ready Reserve for Unsatisfactory Participation as prescribed in Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Procedures).
DISCUSSION AND CONCLUSIONS:
1. In the absence of evidence to the contrary, it must be presumed that he was properly transferred to the USAR Control Group (Reinforcement) due to unsatisfactory participation as shown by his Statement of Retirement Points, in accordance with applicable regulations with no violations of any of his rights.
2. He comes before this Board 18 years after the fact with little or no evidence to show that the reason for his transfer at the time was in error or unjust.
3. His contentions and supporting documents have been noted; however, they do not serve to establish that he was in fact a satisfactory participant in the TPU to which he was assigned or that his reassignment was made in error.
4. It should also be noted that his record is silent regarding any appeals he made regarding his reassignment at the time and his application does not address any efforts on his part to explain what he did at the time to address the matter.
5. Therefore, in the absence of evidence to show that an error or injustice exists in his case, there appears to be no basis to grant 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) AR20140002615
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ABCMR Record of Proceedings (cont) AR20140002615
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