IN THE CASE OF:
BOARD DATE: 10 March 2015
DOCKET NUMBER: AR20140011085
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 correction of his records to show he was placed in a active - individual ready reserve (IRR) on 12 August 2010 and be considered for promotion under the Fiscal Year (FY) 2011 Captain's Army Reserve Promotion Board.
2. The applicant states he was placed into a "P" (inactive) status on 12 August 2010 and was therefore omitted for consideration by the FY11 CPT Army Reserves Promotion Board. He served in a dual status as an Army Reservist and a Defense Contractor from 2006-2011. During the selection process, he was deployed to Afghanistan as a Defense Contractor with extremely limited mail/email capabilities. He did not receive notification/correspondence to make a Military Service Obligation (MSO) selection and as a result, was placed into a "P" (inactive status) during the FY11 promotion board consideration. He received no guidance or instruction from Army Reserve S1, personnel management or career counselors that an MSO selection was due/required during his civilian deployment to Afghanistan.
3. The applicant provides no supporting documentation.
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 U.S. Army Reserve (USAR) on 22 May 1997, serving in a Troop Program Unit (TPU) until 22 September 2002 when he entered the USAR Reserve Officer Training Corps (ROTC).
3. He transferred to the Army National Guard (ARNG) ROTC program in 2004 and was commissioned on 6 June 2005.
4. On 15 October 2009, the applicant was released from the ARNG and transferred to the Army Reserve Control Group (Reinforcement).
5. U.S. Army Human Resources Command (AHRC) Orders C-08-011771, dated 12 August 2010, reassigned the applicant from USAR Control Group (Reinforcement) to the Standby Reserve (Inactive List) due to his failure to make an MSO election.
6. Except for 2010 AHRC orders, the applicant's Integrated Personnel Electronics Record Management System (iPERMS) contains no documentation of his service between 15 October 2009 and 1 February 2012.
7. On 1 February 2012, the applicant applied for a commission as a first lieutenant in the USAR. His appointment application states he was in a civilian status. The application was approved and he was appointed effective 6 December 2012.
8. In an advisory opinion obtained from the U.S. Army Human Resources Command, Deputy Chief. Leader Development Division recommended denial of the applicant's request. It was stated that the applicant was placed in an inactive status effective 12 August 2010 due to a failure to receive a completed a Election of Options Military Service Obligation (AHRC Form 4145). The applicant did submit a AHRC 4145 on 17 November 2010 electing to submit an unqualified resignation. Due to this submission he would not have been eligible for consideration for the FY 2011 promotion board.
9. A copy of the advisory opinion was forwarded to the applicant, no additional argument or comment was received from the applicant.
DISCUSSION AND CONCLUSIONS:
1. The available evidence indicates the applicant resigned his commission on 17 November 2010. The applicant has not provided and the record does not contain any evidence to contradict this finding. Further, lack of an active military status is supported by the fact he is shown to have been a civilian when he received his 2012 USAR commission.
2. With his resignation in November 2010 he would have had no military status. Without some active military status he could not be considered for review by any promotion board.
3. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20140011085
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ABCMR Record of Proceedings (cont) AR20140011085
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