PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:                              
	DOCKET NUMBER:   AC

	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. Loren G. Harrell		Director	
	M .		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that orders assigning him to the Retired Reserve be revoked; and that he be assigned to a unit as a warrant officer candidate (WOC). He states that after serving for more than 25 years and at age 42, he was not selected for retention by an enlisted Qualification Retention Board (QRB) and felt that his career was over; therefore he elected to be transferred to the Retired Reserve; however, he was subsequently selected as a WOC.  He further states that if he attains warrant officer status, he would be eligible to serve until age 60.

3.  The available records, a microfiche showing an NCO Evaluation Report covering the period August 1986 through April 1997, shows that the applicant was serving in the grade of staff sergeant as an NBC (nuclear, radiological and biological) NCO at a general hospital in Niagara Falls, New York at the time.  In Part IV, Values/NCO Responsibilities, he received an "Excellence" rating in all areas with the exception of a "Success" rating in Physical Fitness and Military Bearing.  Comments shows that he passed the physical fitness test and that he met the weight and body fat standards of Army Regulation 600-9.  Following numerous laudatory comments, he was rated "Among the Best" by his rater, and  in the "1" block by his senior rater.

4.  Documents submitted by the applicant include Orders 176-2, 77th Regional Support Command, dated 25 June 1997, show that effective 30 July 1997, the applicant was transferred from his hospital unit to the Retired Reserve by reason of "QRB Non Retained - Retired Reserve."  Also included were Orders 
183-2, 77th Regional Support Command, dated 2 July 1997, signed by the same official (Command Executive Officer [GM14]), which revoked the foregoing orders.

5.  On 25 July 1997 the applicant submitted a memorandum to the 77th Regional Support Command stating that he had erred in his selection and requested that he be transferred to the Individual Ready, vice the Retired Reserve.  (In a separate document he states that he had previously telephonically contacted an official of that organization concerning the matter and that he was advised to submit a written request).

6.  On 3 October 1997 he was notified at his home address by the Chief, USAR Warrant Officer Recruiting Branch, Headquarters, United States Army Recruiting Command, that he had been selected by a Department of the Army Selection Board as a WOC.  The memorandum stated, in part, "Your selection in this extremely competitive process speaks highly of your credentials and professionalism" and provided instructions advising him on the procedure to request transfer to the 277th Quartermaster Company.

7.  An undated memorandum addressed to the applicant's commander and signed by an official of the 77 Regional Support Command shows that the applicant had requested that orders 176-2 be amended; that the applicant was notified that he had three options prior to his personnel records being submitted to the QRB; that he elected to be transferred to the Retired Reserve; and that orders could not be amended after records had been forwarded to the Army Reserve Personnel Center.  Application to this Board was recommended.

CONCLUSIONS:

1.  The applicant was transferred to the Retired Reserve because he was not selected for retention as an enlisted man by a QRB.  Apparently after reviewing the same records, he was subsequently selected by a Department of the Army Selection Board as a WOC.

2.  Orders 176-2 directing his reassignment to the Retired Reserve effective 
30 July 1997 were revoked on 2 July 1997.  Presumably, the revocation was revoked.  Despite his timely attempt to change his election, he was later advised that that the (original) order could not be amended because his records had been sent to ARPERCEN.

3.  The foregoing conclusions, based on the available records, indicate both error and injustice.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected:

a.  by revoking the action which transferred him to the Retired Reserve; and
b.  by assigning him to an appropriate unit as a WOC as soon as possible.

BOARD VOTE:  

________  ________  ________  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-12343	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	110.03	
2.		
3.		
4.		
5.		
6.