IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150012012 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150012012 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined 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. IN THE CASE OF: BOARD DATE: 17 May 2016 DOCKET NUMBER: AR20150012012 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, removal of two reassignment orders that are filed in his Army Military Human Resource Record (AMHRR) in the integrated Personnel Electronic Records Management System (iPERMS). 2. The applicant states the two orders are precluding him from being selected for the Active Guard/Reserve (AGR) program. a. He states U.S. Army Reserve (USAR) Personnel Command, St. Louis, MO, Orders C-09-932124, dated 28 September 1999, and Headquarters, U.S. Army 90th Regional Support Command (RSC), North Little Rock, AR, Orders 220-517, dated 7 August 2000, are erroneous because he never volunteered for reassignment to the USAR Control Group (Reinforcement) and the address listed on both orders does not match any of his previous addresses (i.e., home of record (HOR) or mailing addresses). b. During the time the orders were issued he was residing at his HOR. If he had been notified of the call-up from the USAR, Individual Ready Reserve (IRR), he would have reported for duty as directed, but he did not volunteer and he had no knowledge of the orders. c. He enlisted and reentered the Regular Army (RA) in January 2003 and the matter of failing to report as directed was not mentioned. He served honorably for 8 additional years that included two tours of duty in Iraq, two promotions, and numerous awards. He adds that his prior service and recent record of service demonstrates a pattern of responsibility and honorable service that is not indicative of the IRR "No-Show" order. d. He adds that he was not aware of the existence of the orders until he applied for the AGR program and was notified (in June 2015) that his application was denied for "involuntary removal from selective reserve assignment." He contacted the AGR accessions team for additional information about the denial and was informed that it was based on the two orders in his AMHRR. e. He concludes that the orders were issued by mistake, he is being unfairly penalized for an error made by Army officials, and the error is preventing him from continuing his career in the AGR program. 3. The applicant provides copies of: * a self-authored statement (summarized above) * an authorization for release of information to a third party * the two reassignment orders * his discharge orders (2002) * his active duty orders (2015) CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the USAR on 28 October 1993 for a period of 8 years. Item 3 (HOR) shows #### Hillcrest Drive, San Antonio, TX. The DD Form 4 also shows he further enlisted in the RA on 4 August 1994 for a period of 4 years and 17 weeks. 2. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably released from active duty on 3 September 1998 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve obligation. He had completed 4 years and 1 month of net active service this period. It also shows, in pertinent part, in: * item 7b (HOR at Time of Entry): #### Hillcrest Drive, San Antonio, TX * item 19a (Mailing Address After Separation): ## Woodville Place, Widnes, Cheshire, UK * item 19b (Nearest Relative): #### Hillcrest Drive, San Antonio, TX 3. A review of the applicant's military service records in the U.S. Army Human Resources Command (HRC), iPERMS, shows the two orders under review are filed in his: * AMHRR – * Personnel Records Review (Assignment/Deployment) folder * Finance Records Review (General) folder * iPERMs record in the Integrated Web System (IWS) and each is identified as "TRF RESCOMP" and "Transfer Among Army Reserve Components, Control Groups or Units – USAR" and shows – * Orders C-09-932124, dated 28 September 1999, Added: 22 January 2000 * Orders 220-517, dated 7 August 2000, Added: 10 August 2012 * USAR Personnel Command, St. Louis, MO, Orders C-09-932124, dated 28 September 1999, is addressed to the applicant at ##### Highland Ridge, San Antonio, TX. It shows he was released from the USAR Control Group (Reinforcement) and voluntarily assigned to 238th Combat Support Company (Power Generator Repair) (WS65U6), San Antonio, TX, effective 25 September 1999. * Headquarters, U.S. Army 90th RSC, North Little Rock, AR, Orders 220-517, dated 7 August 2000, is addressed to the applicant at ##### Highland Ridge, San Antonio, TX. It shows he was relieved from the 238th Maintenance Company (WS65U6), San Antonio, TX, based on "IRR No-Show" and assigned to the USAR Control Group (Reinforcement) effective 7 August 2000 under the authority of Army Regulation 140-10, paragraph 4-10h. 4. USAR Personnel Command, St. Louis, MO, Orders D-08-231065, dated 6 August 2002, is addressed to the applicant at #### Hillcrest Drive, San Antonio, TX. It shows he was honorably discharged from the USAR effective 6 August 2002. 5. A DD Form 1966 (Record of Military Processing – Armed Forces of the United States), completed during the applicant's enlistment processing and certified by him on 7 October 2002, shows, in pertinent part, in: * section III (Other Personal Data) – * item 22 (Education), from August 1998 to July 1999, The Liverpool John Moores University, Liverpool, England, UK * item 24 (Previous Military Service or Employment with the U.S. Government), block a (Are you now or have you ever been in any regular or reserve branch of the Armed Forces or in the Army National Guard or Air National Guard?), an "X" indicating "Yes" * section VI (Remarks), reference item 24a: * Army, September 1998 to October 2001, enlisted, inactive reserve * Army, August 1994 to September 1998, enlisted, active 6. An Office of Personnel Management, Security Clearance Application, completed by the applicant on 7 October 2002, shows in pertinent part, in: * item 4 (Where You Have Lived) – * from 1 August 1999 to present: #### Hillcrest Drive, San Antonio, TX * from 4 September 1998 to 31 July 1999: XX Woodville Place, Widnes, Cheshire, UK * item 5 (Where You Went To School): from 15 September 1998 to 24 June 1999 – The Liverpool John Moores University, Liverpool, England, UK 7. A DD Form 4 shows the applicant enlisted in the RA on 9 January 2003 for a period of 3 years. It shows in item 3, #### Hillcrest Drive, San Antonio, TX. 8. Four DD Forms 214 (with effective dates of 16 March 2011, 15 October 2012, 1 January 2015, and 1 January 2016), in pertinent part, all show in item 7b, item 19a, and item 19b: #### Hillcrest Drive, San Antonio, TX. 9. The applicant enlisted in the USAR effective 17 March 2011. 10. Headquarters, 85th Support Command, Arlington, VA, Orders UZ-028-0001, dated 28 January 2015, is addressed to the applicant at #### Hillcrest Drive, San Antonio, TX. The applicant was ordered to active duty as a member of his USAR unit on 20 January 2015 for a period of 347 days in support of Operation Enduring Freedom (OEF) (Continental United States (CONUS) Base Support). 11. U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Bliss, TX, Orders BL-012-0124, dated 12 January 2016, ordered the applicant to deploy in a temporary change of station status on 12 January 2016 for a period of 350 days in support of OEF (CONUS Base Support). REFERENCES: 1. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), in effect at the time, prescribes policy and procedures for assigning, attaching, removing, and transferring USAR Soldiers. Chapter 4 (The IRR) prescribes policy and procedures governing the voluntary and involuntary assignment, reassignment, or transfer of a Soldier to and from the various control groups that comprise the IRR. It shows, in pertinent part: * paragraph 4-10 (Involuntary reassignment of troop program unit (TPU) or individual mobilization augmentee (IMA) enlisted Soldiers), subparagraph h, provides for the involuntary reassignment of a TPU or IMA Soldier to an appropriate control group of the IRR if the Soldier is reported as a "NO-SHOW" per paragraph 4-18. * paragraph 4-18 (Involuntary reassignment for failing to report to a TPU or IMA assignment (NO-SHOW)) shows the responsible authority will reassign a Soldier from a TPU or IMA assignment to the appropriate IRR control group when the Soldier fails to report and cannot be located within 90 days after the date of release from the Active Army or AGR status, or reassignment from the IRR, or reassignment from another TPU or IMA assignment. Cite this paragraph and, in pertinent part, "IRR NO-SHOW" as the authority and reason for the reassignment. 2. Army Regulation 600-8-104 (AMHRR Management) provides policies, operating tasks, and steps governing the AMHRR. Depending on the purpose, documents will be filed in the AMHRR in one of seven sections: performance, service, restricted, finance, deployment/mobilization, personnel records review, and/or finance records review. Once placed in the AMHRR, the document becomes a permanent part of that file. a. The list of Authorized Documents provides the following guidance for filing assignment orders: Primary Folder(s): Service, Personnel Records Review, Finance Records Review. b. Chapter 3 (AMHRR Management Program), paragraph 3-6 (Authority for filing or removing documents in the AMHRR folders), shows that only documents pertaining to a Soldier's military career will be filed in the AMHRR. Once properly filed in the AMHRR, the document will not be removed from the record unless directed by, in pertinent part, one of the following – * the Official Records Custodian for administrative purposes (this includes, but is not limited to deleting or moving mistakenly filed documents from the performance or service folder to the restricted folder and vice versa) * Army Board for Correction of Military Records (ABCMR) DISCUSSION: 1. The applicant contends that two reassignment orders that are filed in his AMHRR should be removed because the orders were issued by mistake, he is being unfairly penalized for an error made by Army officials, and the error is preventing him from continuing his career in the AGR program. 2. The applicant was honorably released from active duty on 3 September 1998 and the DD Form 214 he was issued shows he indicated his mailing address was ## Woodville Place, Widnes, Cheshire, UK. a. The evidence of record shows the applicant resided at XX Woodville Place, Widnes, Cheshire, UK, from 4 September 1998 to 31 July 1999. b. It also shows he returned to his HOR (San Antonio, TX) on 1 August 1999. 3. USAR Personnel Command, Orders C-09-932124, were addressed to the applicant at ##### Highland Ridge, San Antonio, TX and show that the applicant was voluntarily assigned to 238th Combat Support Company (Power Generator Repair), San Antonio, TX, effective 25 September 1999. Based on the evidence of record, it is reasonable to conclude that the applicant requested transfer from to the IRR to a TPU. a. It is acknowledged that the address on the orders is not the same as the address that the applicant indicates was his residence at the time. However, based on the available evidence, it cannot be definitively determined that the address was a mistake (i.e., correctly sent to a temporary residence). b. The evidence of record shows this order was added to his AMHRR (IWS iPERMS record) on 22 January 2000. It is not easily understood why the applicant did not become aware of the order until sometime in June 2015. c. Headquarters, U.S. Army 90th RSC, Orders 220-517, were also addressed to the applicant at ##### Highland Ridge, San Antonio, TX. The address would have been based on the address on the voluntary assignment order because the orders show he was released from the TPU based on "IRR No-Show". He was assigned to the USAR Control Group (Reinforcement) effective 7 August 2000. 4. The evidence of record shows the governing Army regulation provides that the responsible authority will reassign a Soldier from a TPU assignment to the appropriate IRR control group when the Soldier fails to report and cannot be located within 90 days after the date of reassignment from the IRR. It is acknowledged that the IRR "No-Show" order was not timely issued. However, that fact does not lead to the conclusion that the applicant was not properly reassigned to the USAR Control Group (Reinforcement) by the responsible authority. 5. The evidence of record shows assignment orders will be filed in the service, personnel records review, and finance records review folders. 6. By regulation, in order to remove a document/record from the AMHRR, there must be compelling evidence to support its removal. a. There is insufficient evidence that shows either of the orders was issued in error or that either order is unjust. b. The applicant failed to submit evidence of a compelling nature to show that either of the two orders that are filed in his AMHRR is untrue, in error, or unjust. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150012012 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150012012 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2