IN THE CASE OF:
BOARD DATE: 23 July 2015
DOCKET NUMBER: AR20140019707
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, removal of Headquarters, 99th Regional Support Command (RSC), Orders 02-056-057, dated 25 February 2002, from her Official Military Personnel File (OMPF).
2. The applicant states, in effect, the above reassignment orders for unsatisfactory participation are erroneous and they should not have been published. They are preventing her from being accepted into the Active Guard and Reserve program. Additionally, she states:
a. She served honorably on active duty from 15 May 1996 to 22 October 1998.
b. She was also honorably discharged from the U.S. Army Reserve (USAR) Control Group on 14 January 2004 based on completion of her service obligation.
3. The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), reassignment orders, discharge orders, and an email message string.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the USAR Delayed Entry Program on 8 January 1996 for a period of 8 years.
2. Her DD Form 214, shows she entered the Regular Army on 15 May 1996. She was honorably released from active duty on 22 October 1998 and she was transferred to the USAR Control Group (Reinforcement) to complete her Reserve obligation. On 19 September 2005, she was issued a DD Form 215 (Correction to DD Form 214) to correct her training.
3. USAR Personnel Command, St. Louis, MO, Orders C-04-011515, dated
25 April 2000, shows the applicant was released from the USAR Control Group (Annual Training) and she was assigned to the 2174th USAR Garrison, Detachment 1, Fort Eustis, VA, effective 24 April 2000.
4. Headquarters, 99th RSC, Orders 02-056-057, dated 25 February 2002, reassigned the applicant from the 2174th USAR, Garrison Detachment 1, Fort Eustis, VA, to the USAR Control Troup (Annual Training), effective 25 February 2002, in accordance with Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) as an unsatisfactory participant. These orders are filed in the Service folder of the applicant's OMPF.
5. U.S. Army Human Resources Command, St. Louis, MO, Orders
D-01-400821, dated 14 January 2004, honorably discharged the applicant from the USAR Control Group (Annual Training) and the USAR effective 14 January 2004.
6. On 30 July 2004, the applicant enlisted and is currently serving in the USAR.
7. The applicant's AHRC Form 249-E (Chronological Statement of Retirement Points) provides a chronological annual history with retirement year beginning dates and retirement year ending (RYE) dates shows, in pertinent part, for
* RYE 7 January 2001, she earned 4 inactive duty points, 15 membership points, and 19 total points creditable
* RYE 7 January 2002, she earned 15 membership/total points creditable
* RYE 7 January 2003, she earned 1 inactive duty point, 15 membership points, and 16 total points creditable
8. In support of her application the applicant provides an email message string that shows, on 29 October 2014, she contacted a Human Resources Technician at the 99th RSC to assist in the removal of the reassignment orders from her records. She was advised to apply to the Army Board for Correction of Military Records.
9. Army Regulation 140-10, in effect at the time, prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers. Chapter 7 (Removal from Active Status), paragraph 7.3.1 (Nonparticipation Removal Rule 2.1), shows an enlisted Soldier who fails to attain 50 points by the anniversary of his or her RYE date, will be removed from active status.
10. Army Regulation 600-8-104 (Army Military Human Resource Records Management) provides policies, operating tasks, and steps governing the OMPF.
a. Only those documents listed in the "Documents Required for Filing" are authorized for filing in the OMPF. Depending on the purpose, documents will be filed in the OMPF in one of three sections: Performance, Service, or Restricted.
b. The OMPF Document List shows the notification to the Soldier of unsatisfactory participation is filed in the Service folder of the OMPF.
11. Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files; ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual official personnel files; and ensure that the best interests of both the Army and the Soldier are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files.
a. Chapter 7 (Appeals and Petitions) provides the policies and procedures for appeals and petitions for removal of unfavorable information from the OMPF.
b. Paragraph 7-2 (Policies and Standards) provides that once an official document has been properly filed in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends the reassignment orders pertaining to her unsatisfactory participation should be removed from her OMPF because the orders are erroneous.
2. The evidence of record shows the applicant was assigned to the 2174th USAR Garrison, Detachment 1, Fort Eustis, VA, effective 24 April 2000.
a. She was credited with
* 19 total points for RYE date 7 January 2001
* 15 total points for RYE date 7 January 2002
* 16 total points for RYE date 7 January 2003
b. The evidence of record also shows an enlisted Soldier who fails to attain 50 points by the anniversary of the RYE date will be removed from active status.
c. The applicant was reassigned from the 2174th USAR Garrison, Detachment 1, on 25 February 2002, as an unsatisfactory participant and assigned to the USAR Control Troup (Annual Training).
d. Thus, the applicant's contention that the reassignment orders were erroneously issued is not supported by the evidence of record.
3. The evidence shows reassignment orders for unsatisfactory participation are authorized to be filed in the OMPF and her orders are correctly filed in the Service folder of her OMPF.
4. By regulation, in order to remove a document from the OMPF, there must be clear and convincing evidence showing the document is untrue or unjust. No such evidence has been provided in this case. Therefore, the document in question should not be removed from the applicant's OMPF.
5. Therefore, in view of the foregoing, there is an insufficient evidentiary basis to grant the applicant's 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) AR20140019707
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140019707
5
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2002 | 2002073506C070403
The applicant requests correction of military records as stated in the application to the Board and as restated herein. USAR soldiers must request a waiver and submit documentation to show that nonparticipation was due to circumstances beyond their control. DISCUSSION : Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
ARMY | BCMR | CY2009 | 20090020810
Army Regulation 140-10, chapter 3, provides for Army Medical Department (AMEDD) officer removal and processing procedures. She was issued an order transferring her to the Retired Reserve effective 2 October 2009. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing she submitted and was granted an extension of her MRD through 2 October 2009; b. amending Orders P10-910909 to show the date she was placed on the...
ARMY | BCMR | CY2013 | 20130021255
On 15 July 1998, the applicant was released from active duty and he was transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. _______ _ _X______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army...
ARMY | BCMR | CY2012 | 20120015207
The applicant states she was transferred to a promotion-eligible position and promoted to the rank/grade of MSG/E-8 on 1 September 2010. On 22 December 2010, the applicant was notified by a member of the Enlisted Management Branch, 99th RSC, that based on current selection and promotion policy procedures as outlined in Army Regulation 600-8-19 and U.S. Army Reserve Command (USARC) G1 promotion guidance, the transfer from her promoted unit (0301 IO BN) was an improper action and an error in...
ARMY | BCMR | CY2011 | 20110011284
The applicant provides no additional evidence in support of her application. A promotion is not valid and the promotion order will be revoked if the Soldier is not or was not in a promotable status on the effective date. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. voiding Headquarters, USARC, Orders 09-225-00006L, dated 13 August 2009, and removing these orders from her OMPF and b. restoring the validity of...
ARMY | BCMR | CY2006 | 20060010350C071029
In regard to the OER for the period ending 29 October 2002, the applicant states his rater and SR were aware of the IG report during this rating period. On 17 March 2003, the applicant appealed the two contested OERs with the U. S. Army Reserve Personnel Command (AR-PERSCOM). However, it appears it was done for his benefit, pending the conclusion of the 99th RSC IG investigation concerning allegations he made against his chain of command.
ARMY | BCMR | CY2003 | 2003088905C070403
The applicant requests, in effect, that the effective date of his transfer orders from an active status in a troop program unit (TPU) to the U.S. Army Reserve (USAR) Control Group (Annual Training) be changed from May 2002 to August 2002. On 6 August 2002, the 99th RSC published orders assigning him to the USAR Control Group (Annual Training) with an effective date of 21 May 2002. As a result, the Board recommends that all Department of the Army records of the individual concerned be...
ARMY | BCMR | CY2010 | 20100019181
The applicant, the spouse of a deceased former service member (FSM), requests the FSM's discharge from the U.S. Army Reserve (USAR) be voided and that he instead be placed in the Retired Reserve to allow for continued payment of his earned Voluntary Separation Incentive (VSI) benefit. The applicant states, in effect: * the FSM was recruited into the active Reserve, from the Individual Ready Reserve (IRR), around September 2002 * the FSM informed the Army of the fact he was receiving VSI,...
ARMY | BCMR | CY2008 | 20080017018
The evidence of record shows the applicant was a Selected Reserve member with at least 15 years and less than 20 years of qualifying service when he was notified on 20 September 2002 that, as a result of a medical determination, he was found to be medically disqualified for continued service in the USAR under the provisions of Army Regulation 40-501, Chapter 3. The evidence of record also shows that the applicant was honorably discharged on 28 May 2003 and transferred to the USAR (Retired...
ARMY | BCMR | CY2004 | 2004107140C070208
James Gunlicks | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that promotion order number 057-26 be expunged from her OMPF (Official Military Personnel File) because they duplicate order number 057-22. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by expunging promotion order number 057-26, which duplicates the...