RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 March 2006
      DOCKET NUMBER:  AR20050007004


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James G. Gunlicks             |     |Chairperson          |
|     |Mr. Susan A. Powers               |     |Member               |
|     |Mr. Richard G. Sayre              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, service credit for time spent in the
Retired Reserve from 8 July 2002 through 1 May 2005; extension of his
mandatory removal date (MRD); and promotion consideration.

2.  The applicant states, in effect, he was reassigned from his Troop
Program Unit (TPU) to the Retired Reserve in order published on 1 July
2002, with an effective date of 8 July 2002.  He claims he never requested
the transfer, was never informed of it, nor was he provided the orders
directing the transfer.  He further states that he received a packet at his
home on 24 July 2003, which contained a Certificate of Appreciation for him
and his wife, which is how he was informed of the action.  However, this
packet did not include a copy of the orders transferring him to the Retired
Reserve with an explanation of why the action was taken.  He states that he
tried to contact his unit; however, his calls were never answered.

3.  The applicant also states that he volunteered for recall from the
Retired Reserve in that he had no recourse of finding out why he had been
placed into the Retired Reserve.  In volunteering for recall, he submitted
himself for all the required physical and documentation requirements.
However, until 29 April 2005, at which time he contacted the G-1, 88th
Regional Support Command (RSC) and was informed that he had been in a state
of limbo since he since
22 September 2002, when an order was submitted to revoke his transfer to
the Retired Reserve.  As a result, through no fault of his own, he lost the
period of service from 8 July 2002 through 1 May 2005, when he was able to
get the answer from G-1 at the 88th RSC, which was that he had no status
and that is why he was not being recalled from retirement or being called
with his TPU to be part of operations for which he had trained for 30
years.  He now requests that he be given the lost time back and that his
MRD be moved forward to include the time he lost.  He also requests his
promotion status be reinstated because he was unable to complete during
this lost period.

4.  The applicant provides a copy of the orders transferring him to the
Retired Reserve in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s record shows that he served on active duty in the
United States Navy (USN) in an enlisted status from 25 March 1965 through 7
October 1968, and in an inactive status in the United States Naval Reserve
(USNR) from 8 October 1968 through 24 March 1971.  He again served in an
enlisted status in the USNR, not on active duty, from 9 September 1972
through 20 September 1976.

2.  The applicant enlisted in the United States Army Reserve (USAR) on
21 September 1976 and served in an enlisted status, not on active duty,
until
26 March 1977.  In addition, he served in the Army National Guard (ARNG),
in an enlisted status, not on active duty, from 27 March 1977 through 1
April 1978.

3.  On 2 April 1978, he was commissioned a second lieutenant (2LT) and he
served in various ARNG and USAR positions until being promoted to
lieutenant colonel (LTC) on 7 November 1995.

4.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
Letter of Instructions-Unexcused Absence, dated 12 June 2002.  This letter
informed the applicant that, lacking his absences being excused, unit
attendance records showed he had accrued 16 unexcused absences as a result
of missing  scheduled unit training assembly (UTA) or multiple unit
training assembly (MUTA) in June 2002.  The letter further informed him
that if 9 unexcused absences were accumulated within a 1-year period, he
would become an unsatisfactory participant, and he would be processed for
separation from the Selected Reserve either by reassignment or discharge.
This letter was mailed to the applicant with a return receipt and was
signed for on 18 June 2002.

5.  A Developmental Counseling Form (DA Form 4856) that accompanied the
Unexcused Absences letter shows the applicant was called regarding his
unexcused absences of 8 and 9 June 2002 on 12 June 2002.  The form
indicates there was no answer to the phone call, and there was no call back
from the applicant.

6.  On 1 July 2002, Headquarters, 88th RSC Orders Number 02-182-00020,
directed the applicant’s reassignment to the Retired Reserve on 8 July
2002, in the rank of LTC.  The reason cited for the action was completion
of 20 or more years of qualifying service for retired pay at age 60.

7.  The applicant’s MPRJ is void of any additional documentation regarding
the processing of his unexcused absences, or his transfer to the Retired
Reserve.

8.  On 23 September 2002, 88th RSC Orders Number 02-266-00003 revoked
Headquarters, 88th RSC Orders Number 02-182-00020, dated 1 July 2002.

9.  On 1 May 2005, 88th RSC Orders Number 05-121-00061 directed the
applicant’s reassignment to the Retired Reserve, effective 2 June 2002.
The reason cited for the transfer was voluntary.

10.  A Reserve Personnel Account System (RPAS) summary pertaining to the
applicant, dated 19 January 2006, shows the applicant was in a retired
status and earned no retirement points during the period 9 July 2002
through 8 July 2004.  It also shows that during the period between 9
September 2001 and 8 July 2002, he earned only a total of 17 retirement
points (12 membership points and
5 inactive duty points), which did not result in his earning a qualifying
retirement year for this period.

11.  On 28 September 2005, United States Army Human Resources Command
(HRC), St. Louis, ordered the applicant to active duty in Retired Status
for
365 days in support of Operation Iraqi Freedom and directed he report to
Fort Benning, Georgia not later than 8 January 2006.

12.  In connection with the processing of this case, an advisory opinion
was obtained from a HRC-St. Louis, Human Resources Assistant of the
88th Regional Soldier Support Center, Western Region Management.  This HRC
official states that attempts to contact the individual responsible for the
orders transferring the applicant to the Retired Reserve and the subsequent
orders revoking this transfer were unsuccessful, and it is her opinion that
the unit can not explain the series of events.  As a result, this HRC
official recommends the applicant’s records be placed before a Stand-By
Advisory Board (STAB) for promotion consideration under the criteria used
by promotion boards that would have considered him for promotion subsequent
to his losing his status on 1 July 2002.  Further, it is recommended that
if possible, the applicant be granted constructive credit for the years
2002 to 2006 and that his MRD be adjusted for the time he lost.  On 28
December 2005, the applicant concurred with this advisory opinion.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for constructive service credit, adjustment of
his MRD, and promotion reconsideration was carefully considered.  However,
the evidence of record confirms that on 12 June 2002, the applicant was
notified that he had accrued 16 unexcused absences, and that if these
absences were not excused, they would support his discharge, or transfer to
the Retired Reserve.  Although this letter was signed for, there is no
indication the applicant ever responded, or that his absences were excused
by proper authority.

2.  Notwithstanding the recommendations contained in the HRC-St. Louis
advisory opinion, absent some explanation or action regarding the
applicant’s unexcused absences from unit training, it appears his transfer
to the Retired Reserve was legitimately accomplished on that basis.  As a
result, there is an insufficient evidentiary basis to support granting the
requested relief.

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

___JGG _  __SAP__  __RGS __  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.




            ____James G. Gunlicks__
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007004                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/03/16                              |
|TYPE OF DISCHARGE       |N/A                                     |
|DATE OF DISCHARGE       |N/A                                     |
|DISCHARGE AUTHORITY     |N/A                                     |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |110.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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