BOARD DATE:	  14 October 2014

		DOCKET NUMBER:  AR20140004135 


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 Orders 03-240-0000, dated 28 August 2003, be moved from the performance folder of his official military personnel file (OMPF) to the restricted folder of his OMPF.

2.  The applicant states:

	a.  Orders 03-240-0000 shows he was put in the U.S. Army Reserve (USAR) Control Group (Reinforcement) due to unsatisfactory participation.  His packet for the Active Guard Reserve (AGR) program was denied because of this order, and he would like it moved to the restricted folder of his OMPF so he can reapply for the AGR program.  He has had good participation in his current Reserve unit.  He has been to the Warrior Leadership Course and he received an Army Achievement Medal when he was on active duty for operational support.

	b.  The reason for his unsatisfactory participation was because the unit he was in was going to deploy.  Another Soldier in his unit was about to have his first child so he wanted to go in that Soldier's place.  He asked the commander and was told no, the other Soldier was going to deploy.  He did not feel comfortable in the unit and when he asked for a transfer it was denied.  He stopped going to the battle assemblies and was put in the USAR Control Group (Reinforcement).  He later enlisted in a sister company and has good participation in that unit.

3.  The applicant provides no additional evidence.

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.  Having had prior Reserve service and active service in the U.S. Navy, the applicant enlisted in the USAR on 28 November 2001 for a period of 6 years.  He was assigned to a troop program unit (TPU), the 246th Quartermaster Company, in Aguadilla, PR.

3.  Annex A (Certificate and Acknowledgment of USAR Service Requirements and Methods of Fulfillment) to his DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 28 November 2001, in part, stated he agreed to and understood that:

	a.  As a member of the Ready Reserve or Selected Reserve of the USAR, he must participate satisfactorily during the entire period of his enlistment.  If he was assigned to a TPU, he would be required to attend all scheduled unit training assemblies unless excused by proper authority.  

	b.  He must attend scheduled unit training assemblies in the proper uniform, present a neat Soldierly appearance, and perform his duties in a satisfactory manner to receive credit for attendance.  If he did not receive credit for attendance for any of those reasons, he would be charged with an unexcused absence.  If he accrued nine or more unexcused absences during any continuous 365 day period, he would be declared an unsatisfactory participant.

	c.  If he failed to participated satisfactorily for any of the reasons cited, he would be declared an unsatisfactory participant and would be subject to separation from the Ready Reserve or Selected Reserve, either by reassignment or discharge.  


4.  Orders 03-240-0000, dated 28 August 2003, issued by Headquarters, 65th U.S. Army Regional Readiness Command, Fort Buchanan, PR, reassigned him from the 246th Quartermaster Company to the USAR Control Group (Reinforcement) effective 28 August 2003 by reason of unsatisfactory participation.  These orders are currently filed in the performance folder of his OMP.

5.  Army Regulation 600-8-104 (Military Personnel Information Management/ Records), in effect at the time, provided the principles of support, standards of service, policies, tasks, rules, and steps governing all work required to support maintaining the OMPF.  Chapter 2 provided detailed guidance and instructions with regard to the initiation, composition, maintenance, changing, access to, and transfer of the OMPF.  Table 2-1 (Composition of the OMPF) showed that assignment orders were to be filed in the performance folder of the OMPF.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant stated he was uncomfortable in his unit and stopped attending battle assemblies.  In accordance with governing regulations and the terms of his enlistment contract, Orders 03-240-0000O were published that transferred him from his assigned unit to the USAR Control Group (Reinforcement) for unsatisfactory participation.  These orders were placed in the performance folder of his OMPF.

2.  The purpose of maintaining the OMPF is to protect the interests of both the U.S. Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, assignments, duty performance, and evaluation periods and any corrections to other parts of the OMPF.  Once placed in the performance folder of the OMPF, the document becomes a permanent part of that file and will not be removed or transferred to the restricted folder of the OMPF unless directed by an appropriate authority.

3.  The Army has an interest in maintaining the accuracy of its records.  The information in those records must reflect the conditions and circumstances that existed at the time the records were created.  As required by the applicable regulation, the order transferring him to the USAR Control Group (Reinforcement) on 28 August 2003 by reason of unsatisfactory participation is properly filed in the performance folder of his OMPF.  There does not appear to be an error or an injustice.  Therefore, he is not entitled to the requested relief.  




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)                                         AR20140004135





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ABCMR Record of Proceedings (cont)                                         AR20140004135



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