IN THE CASE OF:
BOARD DATE: 1 September 2015
DOCKET NUMBER: AR20150000552
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, issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his service upon his transfer to the Retired Reserve and he requests a retirement physical.
2. The applicant states he retired from the U.S. Army Reserve (USAR) on 4 July 2014 and he did not receive a retirement physical or an updated DD Form 214. He also states that he has attempted to resolve the issue of his physical with the U.S. Army Reserve Command and the Department of Veterans Affairs (VA).
3. The applicant provides copies of his 20-Year letter and reassignment orders.
CONSIDERATION OF EVIDENCE:
1. The applicant was born in 1967 and was serving as a major in a USAR troop program unit (TPU) in Indiana when he received his Notification of Eligibility for Retired Pay at Non-Regular Retirement (20-Year Letter) on 20 March 2014.
2. On 30 June 2014, the 88th Regional Support Command published Orders 14-181-00009 reassigning him from his TPU and transferring him to the Retired Reserve effective 4 July 2014. He had completed 20 years or more of qualifying service and is eligible for retired pay upon application.
3. The applicants reassignment orders directed him to contact the U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDR-RCR, 1600 Spearhead Division Avenue, Fort Knox, Kentucky 40122 for additional information or questions and to report any future address changes. There is no indication in the available records to show that the applicant contacted HRC regarding his request for a physical examination.
4. A review of his official records shows that the applicant was last ordered to active duty on 22 October 2005 in support of Operation Enduring Freedom and deployed to Afghanistan during the period 22 April 2006 through 20 February 2007. He was honorably released from active duty on 25 March 2007 due to completion of required active service and transferred to his TPU. Upon his release from active duty, he received a DD Form 214 for this period of service.
5. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. Separation processing requirements vary by service component, active-duty status, and type of separation. Paragraph 2-3(f) specifically states that Soldiers separating from an inactive duty status (TPU) do not receive a DD Form 214.
6. Army Regulation 140-10 (Army Reserve Assignments, Attachments, Details, and Transfers) sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers. Chapter 7 provides guidance on the removal of Soldiers from the Selected Reserve (TPU), the Individual Ready Reserve (IRR) and the Standby Reserve. Soldiers removed from an active status (TPU or IRR) will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve where they remain subject to recall.
7. Army Regulation 40-501 (Standards of Medical Fitness) provides that the maintenance of physical and medical fitness is an individual Soldiers responsibility, particularly with reference to preventable and remediable defects. Soldiers have an obligation to maintain themselves in a state of good physical condition so that they may perform their duties efficiently. Separation health assessments are required for Soldiers prior to their separation from active duty. A Soldier of the Reserve Component who is separated from active duty for which he/she was called or ordered in support of a contingency operation for a period of 31 continuous days or more should receive a separation health assessment. Active component and Active Guard Reserve (Title 10 or Title 32) Soldiers separating or retiring from active duty will receive a separation or retirement physical.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should be issued a DD Form 214 or that his DD Form 214 for his mobilization period should be updated has been noted and found to lack merit. By regulation the DD Form 214 is only issued when separating from active duty. The applicant was in an inactive status assigned to a USAR TPU and not on active duty when he was transferred to the Retired Reserve. Therefore, there is no regulatory requirement that warrants issuance or upgrading of his most recent DD Form 214 upon his transfer to the Retired Reserve in July 2014.
2. Upon transfer to the Retired Reserve from an inactive duty status (TPU), there is no regulatory requirement that mandates a separation or retirement physical. Only Soldiers separating or retiring from an active duty status as defined by law will undergo a separation or retirement physical.
3. Therefore, there appears to be no basis for granting his request for issuance of a DD Form 214, updating his DD Form 214 issued on 25 March 2007 or to direct a separation or retirement physical examination based upon his transfer to the Retired Reserve.
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) AR20150000552
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150000552
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140021374
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. He has not been able to complete phase II, the resident portion, because he was issued a temporary physical profile. The evidence of record does not support his contention that he was not authorized to perform duty (earn retirement points) from September 2012 to December 2014 due to his medical condition.
ARMY | BCMR | CY2011 | 20110019622
Soldiers who do not request transfer to the Retired Reserve or discharge will be assigned to the IRR. He served in the RA and USAR for a total of 22 years of qualifying service for non-Regular retirement and he was transferred to the Retired Reserve on 10 September 2003. The regulation allows for the discharge of enlisted Soldiers from the Retired Reserve upon completing 30 years of active and inactive service.
ARMY | BCMR | CY2015 | 20150001599
The applicant requests: * the Board finds that he was improperly discharged from the U.S. Army Reserve (USAR) in 2007 * adjustment of his mandatory removal date (MRD) to reflect the breaks in service * restoration of his highest rank achieved, lieutenant colonel (LTC), and that he be allowed to continue to serve in that capacity until mandatory retirement at age 60 * service credit in the rank of LTC retroactive to the date of his enlistment on 21 February 2014 2. On 3 April 2013, by email,...
ARMY | BCMR | CY2014 | 20140017151
Requests for promotion orders for ADOS Soldiers recommended for promotion by a TPU promotion selection board must be submitted to the appropriate RSC." The selection board convened on or about 7 August 2012 and considered Soldiers for promotion as shown below: * non-mobilized IRR, IMA, and Standby Reserve (Active List) Soldiers * mobilized IRR, IMA, and Standby Reserve (Active List) Soldiers to the ranks of SFC through SGM * ADOS Soldiers to the ranks of SSG through SGM that entered ADOS...
ARMY | BCMR | CY2008 | 20080016121
The applicant requests, in effect, that his records be corrected to show that he was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) effective 11 July 1992 and that he be credited with the appropriate retirement points from that date. Counsel requests, in effect, that the applicant be granted retirement points credit for service in the IRR until his retirement. However, the applicant's original request of 16 May 1990 is filed in his official records and it very clearly...
ARMY | BCMR | CY2002 | 2002082159C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that his transfer to the Retired Reserve be revoked and that he be reinstated in the US Army Reserve (USAR) Individual Ready Reserve (IRR) in order to serve until his Mandatory Removal Date (MRD) of 1 July 2004. On 26 November 2002, the applicant was released from his TPU and was transferred to the Retired Reserve, effective 1 December 2002,...
ARMY | BCMR | CY2013 | 20130012355
The applicant requests: * correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show she completed 33 years and 6 months of service * service credit of 3 years that she completed but was not credited with * correction of her mandatory removal date to show 4 April 2015 * reinstatement and selection to attend the War College 2. However, she completed 3 more years with the USAR after that. The applicant contends: * her DD Form 214 should be corrected to show...
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 | CY2005 | 20050004721C070206
The applicant states that he is currently employed as a civilian with the status of military technician (MT) [no longer employed as an MT effective 15 April 2006] for which he needs to maintain a Selective Reserve (SELRES) status or be retired involuntarily or medically. The applicant is requesting correction of an alleged error or injustice which occurred on 27 July 2001, the date of his transfer to the Retired Reserve. Chapter 7 of the regulation applies to the removal of Soldiers from...
ARMY | BCMR | CY2007 | 20070009807
On 18 August 2004, the applicant wrote to HRC-St. Louis and requested a transfer to the IRR from the Retired Reserves so he could return as a drilling/active member of the 35th Signal Battalion (USAR). 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. The request for transfer to a TPU from the USAR Control Group (Reinforcement) did not...