BOARD DATE: 19 March 2014
DOCKET NUMBER: AR20140003357
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 AHRC-EP-EOOO Orders C-02-705637, dated 20 February 2007, and Orders 07-271-00046, dated 28 September 2007, from his official records.
2. The applicant states when he was released from active duty (REFRAD) he was transferred to the Individual Ready Reserve (IRR) and he never received any communication informing him he was assigned to a troop program unit (TPU). He applied for an Active Guard Reserve (AGR) position and it was denied because he was placed back in the IRR as an unsatisfactory participant; however, he was not aware he was an unsatisfactory participant until he applied for an AGR position. Accordingly, he desires to have those documents removed from his records.
3. The applicant provides a one-page letter explaining his application and the contested orders.
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 served in the Regular Army from 1 March 2001 until
13 November 2006 when he was honorably REFRAD due to completion of required service and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).
3. A review of the Interactive Web Services (IWS) of the interactive Personnel Electronic Records Management System (iPERMS) shows that on 6 February 2007 a welcome letter was dispatched to the applicant and on 20 February 2007 orders were published reassigning him to a TPU at Fort Totten, New York based on a voluntary request from the applicant.
4. On 28 September 2007, orders were published reassigning the applicant to the USAR Control Group (Annual Training) effective 31 July 2007, due to him being a no-show to his TPU at Fort Totten.
5. He was ordered to active duty on 13 August 2010 and deployed to Afghanistan during the period 20100925 20110811 and was honorably REFRAD on 19 September 2011 due to completion of required service.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been noted.
2. The evidence submitted by the applicant with his application and the evidence of record are insufficient to show that the orders in question are either in error or unjust.
3. This is especially true given the comments entered in his IWS record indicating that he voluntarily requested assignment to a TPU.
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) AR20140003357
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140003357
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2015 | 20150003002
A DA Form 7249-R (Annex A, Certificate and Acknowledgement of Service Requirements of Fulfillment for Individuals Enlisting or Transferring into Troop Program Units (TPU) of the Army National Guard/USAR upon REFRAD/Discharge from Active Army Service) shows the applicant: a. Initialed the block indicating "Transfer to a Troop Program Unit of the U.S. Army Reserve." Instead, they put him out as an unsatisfactory participant. The evidence shows reassignment orders for unsatisfactory...
ARMY | BCMR | CY2013 | 20130017511
The applicant states: * she served on active duty as well as the Army National Guard (ARNG) and the USAR; she was denied promotion to LTC * her promotion packet was pulled due to the erroneous belief that she did not have enough retirement points/qualifying years for promotion * she was slotted in an Individual Mobilization Augmentee (IMA) slot and worked for Army Broadcasting from 1 July 1995 to 1 March 2003 * the U.S. Army Human Resources Command (HRC) erroneously listed her in the...
ARMY | BCMR | CY2014 | 20140013468
The applicant requests, in effect, amendment of Orders 303-353, issued by Headquarters, U.S. Army 90th Regional Support Command (RSC) on 30 October 1998, to show he was transferred to another troop program unit (TPU) of the U.S. Army Reserve (USAR). The applicant's request for amendment of Orders 303-353, or removal of those orders from his OMPF, was carefully considered; however, the available evidence does not support his request. There is no evidence in his record and he provides no...
ARMY | BCMR | CY2009 | 20090003959
With prior enlisted service, the applicant's records show he enlisted in the U.S. Army Reserve (USAR) for a period of 3 years on 29 October 2000. On 19 September 2003, the U.S. Army Reserve Personnel Command (now known as HRC), St. Louis, MO, published Orders R-10-006604A01 extending the applicant's AGR duty from 3 years with a release from active duty (REFRAD) date of 4 November 2003, to 5 years, 9 months, and 3 days with a REFRAD date of 7 August 2006. On 7 December 2006, HRC published...
ARMY | BCMR | CY2010 | 20100024926
Orders C-09-521084, issued by HRC on 21 September 2005, releasing her from the USAR Control Group and reassigning her to the 77th RRC, Fort Totten, NY, effective 21 September 2005. b. DA Form 2A (Personnel Qualification Record), dated 1 April 2011, showing the applicant was assigned to HHC, 77th RRC on 22 September 2005, in paragraph/line number 019/02, position title executive officer, and an authorized grade of O-3. The effective date of promotion and DOR will be the same as if the...
ARMY | BCMR | CY2015 | 20150006171
* There is no appeal process, waivers, or redress for AGR officers selected for REFRAD who are eligible for consideration by the REFRAD board; however, officers selected by the board and were later found to have been ineligible for consideration may have their REFRAD selection nullified with approval of CAR of his representative 8. He provides a FAQs printout, updated on 15 April 2014 that answers questions related to: * Officer population to be considered by the REFRAD board * Selection...
ARMY | BCMR | CY2013 | 20130016925
The applicant states he was notified he was selected for promotion to MAJ by the 2013 MAJ Army Medical Department (AMEDD) Reserve Component (RC) Promotion Selection Board on the Medical Service Corps (MS) Individual Ready Reserve (IRR) promotion list, published on 10 September 2013 with a date DOR retroactive to August 2013. His record contains a transaction list located in the Interactive Web System (IWS) which the USAR did not realize the applicant had been retired for a permanent medical...
ARMY | BCMR | CY2013 | 20130016707
The applicant request, in effect, retention of his Student Loan Repayment Program (SLRP) incentive from the U.S. Army Reserve (USAR); correction to his leave; and correction to his insurance coverage. The applicant's SLRP records indicate he enlisted in the USAR 17 April 1999 and was authorized to receive $10,000 toward the SLRP. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * revoking Order Number 02-074-012, dated...
ARMY | BCMR | CY2009 | 20090011113
He was told that one of the many possible reasons for non-selection may have been that his record did not show he had completed the military education requirement for promotion as specified in Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 2-6. Army Regulation 135-155 specifies that in order to be promoted to lieutenant colonel an individual must have completed 7 years of time in grade as a major and the required...
ARMY | BCMR | CY2010 | 20100028299
The applicant's records show she enlisted in the U.S. Army Reserve (USAR) on 26 April 1999. However, her records contain a copy of Orders 02-043-015, issued by Headquarters, 88th Regional Support Command, Fort Snelling, MN, dated 12 February 2002, that show she was released from Company C, 983rd Engineer Battalion, and reassigned to the USAR Control Group (Annual Training), effective 27 February 2002, in accordance with Army Regulation 140-10 (Assignments, Attachments, Details, or...