RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         14 March 2006
      DOCKET NUMBER:  AR20050010596


      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:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. Larry W. Racster              |     |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, that his involuntary transfer to the
Retired Reserve be changed to show he was transferred to the Retired
Reserve for medical reasons.

2.  The applicant states, in effect, that he requested retirement due to
his physical condition (back surgery).  He also claims he requested a
medical examination but was never given one.  He indicates that he was
involuntarily retired even though he requested the retirement.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged (error or
injustice) which occurred on 30 September 1999.  The application submitted
in this case is dated 15 July 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  A Total Army Personnel Data Base retirement information print-out
pertaining to the applicant shows that he served in the United States Army
Reserve (USAR) from 1977 to 1999, and that he completed 24 years of
qualifying service for non-regular retirement.

4.  Headquarters, 81st Regional Support Command Orders Number 270-41, dated
27 September 1999, reassigned the applicant from his Troop Program Unit
(TPU) to the Retired Reserve on 30 September 1999.  These orders cited the
authority for the applicant's reassignment as paragraph 4-18, Army
Regulation 140-10, and the reason of his reassignment as Involuntary
Reassignment-Retired.

5.  The applicant's record is void of a separation packet containing the
specific facts and circumstances surrounding his reassignment to the
Retired Reserve.

6.  Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers)
prescribes policies, responsibilities, and procedures to assign, attach,
detail, remove, or transfer USAR Soldiers.  Paragraph 4-10 contains the
policy for involuntary reassignment of TPU or Individual Mobilization
Augmentee (IMA) enlisted Soldiers.  It states, in pertinent part, that  the
involuntary reassignment of a TPU or IMA Soldier to an appropriate control
group of the Individual Ready Reserve (IRR) is authorized under one or more
of the following conditions:  Unsatisfactory participation; Failure to
maintain Army body fat standards; Inability to perform duties due to
parenthood.

7.  Section I of the USAR assignment regulation contains guidance on
transfer to the Retired Reserve.  It states, in pertinent part, that
assignment to the Retired Reserve is authorized and eligible Soldiers must
transfer if they are medically disqualified, not as a result of own
misconduct, for retention in an active status or entry on active duty,
regardless of the total years of service completed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should have been transferred to the
Retired Reserve for medical reasons was carefully considered.  However,
there is insufficient evidence to support his claim.

2.  The applicant's record is void of a separation packet containing the
specific facts and circumstances surrounding his transfer to the Retired
Reserve.  However, the record does contain properly constituted orders that
contain the authority and reason for his reassignment.  Absent evidence to
the contrary, these orders provide a basis for a presumption of Government
regularity in the transfer process.

3.  The applicant's record is void of any indication that he suffered from
a medical condition that rendered him ineligible for retention in an active
status, or entry on active duty.  Further, the applicant failed to provide
any medical evidence that would indicate he suffered from a disqualifying
medical condition.  Therefore, there is an insufficient evidentiary basis
to support granting the requested relief.

4.  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.
5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 September 1999, the date of his
transfer to the Retired Reserve.  Therefore, the time for him to file a
request for correction of any error or injustice expired on 29 September
2002.  He failed to file within the 3-year statute of limitations and has
not provided a compelling explanation or evidence to show that it would be
in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KAN_  ___LCB__  ___LWR_  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Kathleen A. Newman_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050010596                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/03/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1999/09/30                              |
|DISCHARGE AUTHORITY     |AR 140-10                               |
|DISCHARGE REASON        |Involuntary Retired                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |108.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]