PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           20 June 2000                   
	DOCKET NUMBER:   AR2000039483

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Van B. Cunningham		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Ernest W. Lutz, Jr.		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 32-31, Headquarters 807th Medical Brigade dated 8 June 1994 be corrected to show she was released from her selected reserve assignment due to cogent personal reasons.

3.  The applicant states that orders 32-31 should not have shown that she was transferred to the U. S. Army Reserve (USAR) Control Group (Annual Training) due to unsatisfactory participation.  She requested transfer to the Individual Ready Reserve (IRR) in April 1994 and she explained at that time about her absences.  Further, there are no supporting documents to show her unit made verbal contact with her regarding her absences.  In addition, she was within 90 day of her expiration term of service (ETS) and by regulation she should not have been transferred to the IRR for unsatisfactory participation.

4.  The applicant’s military records show that she enlisted in the USAR on 29 July 1988 for 8 years under the 6x2 option (6 years in a Troop Program Unit (TPU) and the balance in the IRR).  She was assigned to the 94th General Hospital, Seagoville, TX.

5.  The applicant apparently missed drills in January, February and March 1994.  
On 11 April 1994, she wrote a letter to the Commander, 94th General Hospital explaining her absences (she missed two due to illness and one due to a death in the family) and stating she did speak with someone at the unit about her absences.  On this date also she requested reassignment to the IRR as she could not continue to perform her duties as required.

6.  On 8 June 1994, orders were issued releasing the applicant from assignment to the 94th General Hospital and transferring her to the USAR Control Group (Annual Training) due to unsatisfactory participation.  There is no evidence of record to show she was sent notification of unexcused absences.  Conversation with the Personnel Staff Noncommissioned Officer at her current USAR unit indicate that there are no notices of unsatisfactory participation in her military personnel records jacket (MPRJ).

7.  Army Regulation 135-91 prescribes policies and procedures governing the various types of service obligations and participation requirements for Army National Guard and USAR soldiers.  In pertinent part, it states that absence from scheduled drills or training periods may be excused.  Such absences may be excused when sickness, injury or some other circumstance beyond the soldier’s control caused the absence.  The unit commander may require evidence, such a certification from a physician or medical officer, to document the reason for the absence.  A soldier is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur during a 1-year period.  Unit commanders will ensure that required documentary evidence is contained in the soldier’s MPRJ to document unexcused absences.  A prescribed letter of instructions -- unexcused absence -- will be delivered to the soldier.  Delivery will be either in person or by certified mail, return receipt requested.  Whether the required notices are delivered in person or dispatched by certified mail, a copy of each notice will be placed in the soldier’s MPRJ.

8.  Army Regulation 140-10 covers policy and procedures for assigning and transferring USAR soldiers.  In pertinent part, it states that a TPU or Individual Mobilization Augmentee (IMA) soldier may be voluntarily reassigned to the IRR for a restricted number of reasons, to include for cogent personal reasons.  However, for a TPU soldier this may be done only if an exception to policy has been approved by the USAR Regional Support Command commander.  A TPU or IMA soldier may be involuntarily reassigned to the IRR for a number of reasons, to include for unsatisfactory participation.  It also states that a soldier who is within 3 months of ETS will not be reassigned to the IRR as an unsatisfactory participant.

CONCLUSIONS:

1.  The Board concludes that a Government error has occurred in this case.

2.  The applicant is misunderstanding the directive that a soldier who is within 3 months of ETS will not be reassigned to the IRR as an unsatisfactory participant. She was not within 3 months of her ETS.  Her ETS was not 28 July 1994, the end of her 6-year obligation to a TPU.  It was on 28 July 1996, the end of her     8-year contract.

3.  However, it appears from one of the applicant’s 11 April 1994 letters that at least one of her absences and possibly two could have been excused.  Also, there is no evidence of record to show that the applicant’s commander followed regulatory guidance to deliver to her a prescribed letter of instructions -- unexcused absence-- and to place a copy of such notice in her MPRJ.

4.  The Board accepts the applicant’s 11 April 1994 handwritten letter as evidence that she did request transfer to the IRR due to her acknowledged inability to satisfactorily participate in her TPU assignment.  Such a request would have had to have been approved as an exception to policy; however, the applicant was close enough to the termination of her 6-year TPU obligation that the Board believes such an approval would have been appropriate. 

5.  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 by showing that the applicant’s 11 April 1994 request for reassignment to the IRR was approved.

2.  That Orders 32-31, Headquarters, 807th Medical Brigade dated 8 June 1994 be corrected to show the applicant was assigned to the USAR Control Group (Annual Training) for cogent personal reasons, Army Regulation 140-10, paragraph 4-9c.

BOARD VOTE:  

__vbc___  __jea___  __ewl___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Van B. Cunningham
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2000039483	
SUFFIX		
RECON		
DATE BOARDED	20000620	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	135.01	
2.		
3.		
4.		
5.		
6.