IN THE CASE OF: BOARD DATE: 1 September 2015 DOCKET NUMBER: AR20150000552 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, issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all of his service upon his transfer to the Retired Reserve and he requests a retirement physical. 2. The applicant states he retired from the U.S. Army Reserve (USAR) on 4 July 2014 and he did not receive a retirement physical or an updated DD Form 214. He also states that he has attempted to resolve the issue of his physical with the U.S. Army Reserve Command and the Department of Veterans Affairs (VA). 3. The applicant provides copies of his 20-Year letter and reassignment orders. CONSIDERATION OF EVIDENCE: 1. The applicant was born in 1967 and was serving as a major in a USAR troop program unit (TPU) in Indiana when he received his Notification of Eligibility for Retired Pay at Non-Regular Retirement (20-Year Letter) on 20 March 2014. 2. On 30 June 2014, the 88th Regional Support Command published Orders 14-181-00009 reassigning him from his TPU and transferring him to the Retired Reserve effective 4 July 2014. He had completed 20 years or more of qualifying service and is eligible for retired pay upon application. 3. The applicant’s reassignment orders directed him to contact the U.S. Army Human Resources Command (HRC), ATTN: AHRC-PDR-RCR, 1600 Spearhead Division Avenue, Fort Knox, Kentucky 40122 for additional information or questions and to report any future address changes. There is no indication in the available records to show that the applicant contacted HRC regarding his request for a physical examination. 4. A review of his official records shows that the applicant was last ordered to active duty on 22 October 2005 in support of Operation Enduring Freedom and deployed to Afghanistan during the period 22 April 2006 through 20 February 2007. He was honorably released from active duty on 25 March 2007 due to completion of required active service and transferred to his TPU. Upon his release from active duty, he received a DD Form 214 for this period of service. 5. Army Regulation 635-8 (Separation Processing and Documents) prescribes the transition processing function of the military personnel system. Separation processing requirements vary by service component, active-duty status, and type of separation. Paragraph 2-3(f) specifically states that Soldiers separating from an inactive duty status (TPU) do not receive a DD Form 214. 6. Army Regulation 140-10 (Army Reserve – Assignments, Attachments, Details, and Transfers) sets forth the basic authority for the assignment, attachment, detail, and transfer of USAR soldiers. Chapter 7 provides guidance on the removal of Soldiers from the Selected Reserve (TPU), the Individual Ready Reserve (IRR) and the Standby Reserve. Soldiers removed from an active status (TPU or IRR) will be discharged or, if qualified and if they so request, will be transferred to the Retired Reserve where they remain subject to recall. 7. Army Regulation 40-501 (Standards of Medical Fitness) provides that the maintenance of physical and medical fitness is an individual Soldier’s responsibility, particularly with reference to preventable and remediable defects. Soldiers have an obligation to maintain themselves in a state of good physical condition so that they may perform their duties efficiently. Separation health assessments are required for Soldiers prior to their separation from active duty. A Soldier of the Reserve Component who is separated from active duty for which he/she was called or ordered in support of a contingency operation for a period of 31 continuous days or more should receive a separation health assessment. Active component and Active Guard Reserve (Title 10 or Title 32) Soldiers separating or retiring from active duty will receive a separation or retirement physical. DISCUSSION AND CONCLUSIONS: 1. The applicant’s contention that he should be issued a DD Form 214 or that his DD Form 214 for his mobilization period should be updated has been noted and found to lack merit. By regulation the DD Form 214 is only issued when separating from active duty. The applicant was in an inactive status assigned to a USAR TPU and not on active duty when he was transferred to the Retired Reserve. Therefore, there is no regulatory requirement that warrants issuance or upgrading of his most recent DD Form 214 upon his transfer to the Retired Reserve in July 2014. 2. Upon transfer to the Retired Reserve from an inactive duty status (TPU), there is no regulatory requirement that mandates a separation or retirement physical. Only Soldiers separating or retiring from an active duty status as defined by law will undergo a separation or retirement physical. 3. Therefore, there appears to be no basis for granting his request for issuance of a DD Form 214, updating his DD Form 214 issued on 25 March 2007 or to direct a separation or retirement physical examination based upon his transfer to the Retired Reserve. 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) AR20150000552 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150000552 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1