BOARD DATE: 19 March 2014 DOCKET NUMBER: AR20140003357 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 the removal of AHRC-EP-EOOO Orders C-02-705637, dated 20 February 2007, and Orders 07-271-00046, dated 28 September 2007, from his official records. 2. The applicant states when he was released from active duty (REFRAD) he was transferred to the Individual Ready Reserve (IRR) and he never received any communication informing him he was assigned to a troop program unit (TPU). He applied for an Active Guard Reserve (AGR) position and it was denied because he was placed back in the IRR as an unsatisfactory participant; however, he was not aware he was an unsatisfactory participant until he applied for an AGR position. Accordingly, he desires to have those documents removed from his records. 3. The applicant provides a one-page letter explaining his application and the contested orders. CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant served in the Regular Army from 1 March 2001 until 13 November 2006 when he was honorably REFRAD due to completion of required service and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement). 3. A review of the Interactive Web Services (IWS) of the interactive Personnel Electronic Records Management System (iPERMS) shows that on 6 February 2007 a welcome letter was dispatched to the applicant and on 20 February 2007 orders were published reassigning him to a TPU at Fort Totten, New York based on a voluntary request from the applicant. 4. On 28 September 2007, orders were published reassigning the applicant to the USAR Control Group (Annual Training) effective 31 July 2007, due to him being a no-show to his TPU at Fort Totten. 5. He was ordered to active duty on 13 August 2010 and deployed to Afghanistan during the period 20100925 – 20110811 and was honorably REFRAD on 19 September 2011 due to completion of required service. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contentions and supporting documents have been noted. 2. The evidence submitted by the applicant with his application and the evidence of record are insufficient to show that the orders in question are either in error or unjust. 3. This is especially true given the comments entered in his IWS record indicating that he voluntarily requested assignment to a TPU. 4. Therefore, in the absence of evidence to show otherwise, there appears to be no basis to remove the orders from his records. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __X__ ___X_____ ___X_____ 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. ___________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. ABCMR Record of Proceedings (cont) AR20140003357 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20140003357 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1