BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160003402 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 BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160003402 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. BOARD DATE: 3 October 2017 DOCKET NUMBER: AR20160003402 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) and Official Military Personnel File (OMPF) 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. He states a U.S. Army recruiter or an official at the U.S. Army Human Resources Command (HRC) assigned him to the 6632nd Port Security Detachment, effective 2 March 1993. On 21 May 1993, approximately 81 days later, he was released from the unit for the reason "JM [Abbreviation Not Defined] IRR (Individual Ready Reserve) No Show." He also states that he was never informed of or counseled on the two assignment actions. He adds that the two orders are false and were fraudulently created by a recruiter to "make numbers." 3. The applicant provides copies of the two assignment orders. CONSIDERATION OF EVIDENCE: 1. A DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States) shows the applicant enlisted in the U.S. Army Reserve (USAR) on 20 January 1988 for a period of 8 years. He further enlisted in the Regular Army on 8 March 1988 for a period of 4 years. 2. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows the applicant was honorably released from active duty on 10 December 1991 and transferred to the USAR Control Group (Reinforcement) to complete his Reserve service obligation. He had completed 3 years, 9 months, and 3 days of net active service this period. 3. A review of the applicant's military service records in HRC, iPERMS, shows the two orders under review are filed in his: * AMHRR – * Personnel Records Review (Assignment/Deployment) folder * Finance Records Review (General) folder * OMPF – Service (Administrative) folder and in the Integrated Web System (IWS): each is identified as "TRF RESCOMP" and "Transfer Among Army Reserve Components, Control Groups or Units–USAR" and shows – * Orders C-03-306827, dated 2 March 1993, Added: 6 September 1996 * Orders 024-052, dated 21 May 1993, Added: 6 September 1996 * USAR Personnel Center, St. Louis, MO, Orders C-03-306827, dated 2 March 1993, is addressed to the applicant at ##### 7th Street, Apartment X, Santa Monica, CA 90401. It shows he was released from the USAR Control Group (Reinforcement) and voluntarily assigned to 6632nd U.S. Army Port Security Detachment (W7VFAA), Irvine, CA 92714, effective 24 February 1993 * Headquarters, 63rd USAR Command, Los Alamitos, CA, Orders 024-052, dated 21 May 1993, is addressed to the applicant at ##### 7th Street, Apartment X, Santa Monica, CA 90401. It shows he was released from the 6632nd Port Security Detachment (W7VFAA), Los Alamitos, CA, based on "JM IRR NO SHOW" and assigned to the USAR Control Group (Annual Training), effective 21 May 1993, under the authority of Army Regulation (AR) 140-10 (Assignments, Attachments, Details, and Transfers)/AR 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Provisions) 4. A DA Form 5016 (Chronological Statement of Retirement Points) shows for the retirement year beginning 12 December 1992 and ending 11 December 1993 the applicant was not credited with any inactive duty points or active duty points. He was credited with 15 membership/total points for the retirement year. 5. The applicant is currently serving in the USAR in the rank of staff sergeant/ pay grade E-6 with primary military occupational specialty 95B (Military Police). 6. The IWS (AMHRR) contains a Soldier Transaction List that captured a summary of communications between the applicant and HRC officials. A review of his record shows transactions/communications dating back to 4 February 2003. a. It also shows, in pertinent part: * on 11 July 2013 and 7 June 2015, he submitted applications for the AGR program * on 23 September 2015, he was notified via email the status of his AGR application had been updated to: "Involuntary Removal from Selective Reserve." (He was advised a more detailed description of the action taken on his application is at: https://www.hrcapps.army.mil/portal) * on 24 September 2015, he asked for an explanation and was informed "Records reflect you were removed from the 6632nd Port Security Detachment, Irvine, CA, as a TPU [Troop Program Unit] No Show on 21 May 1993. This is an involuntary removal from the Selective Reserve which is a non-waiverable disqualification for consideration for the AGR program in accordance with AR 135-18, Table 2-3, Rule F. b. A further review failed to show he ever questioned the validity of the two assignment orders that had been filed in his record since 6 September 1996. 7. On 16 June 2016, the Deputy Chief of Staff for Personnel and Logistics, U.S. Army HRC, Fort Knox, KY, notified the applicant that he had completed the required years of qualifying Reserve service and he was eligible for retired pay upon application at age 60 (Twenty Year Letter). REFERENCES: 1. AR 140-10, in effect at the time, prescribes policy and procedures for assigning, attaching, removing, and transferring USAR Soldiers. Chapter 4 (The Individual Ready Reserve (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 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. AR 135-91 defines Army National Guard of the United States (ARNGUS) and USAR service obligations. It prescribes policies and procedures governing the various types of service obligations and participation requirements, it discusses excused absences, and also covers enforcement procedures regarding unsatisfactory participation. Chapter 3 (Participation Requirements), paragraph 3-8 (Readjustment period), shows that Statutorily obligated Soldiers who have 2 or more years of active duty when reassigned or transferred to a USAR Control Group are authorized a 90-day readjustment period. 3. AR 600-8-104 (AMHRR Management) provides policies, operating tasks, and steps governing the AMHRR/OMPF. 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/OMPF, 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/OMPF. Once properly filed in the AMHRR/OMPF, 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, in effect, two reassignment orders that are filed in his AMHRR/OMPF should be removed because the orders were fraudulently issued, 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 evidence of record shows: a. The applicant's 90-day readjustment period was from 11 December 1991 to 10 March 1992, during which his participation in training is not required. b. USAR Personnel Center, Orders C-03-306827, were addressed to the applicant and show that he was voluntarily assigned to the 6632nd Port Security Detachment, Irvine, CA, effective 24 February 1993. Based on the evidence of record, it is reasonable to conclude that the applicant requested transfer from to the IRR to a TPU. c. Headquarters, 63rd USAR Command, Orders 024-052, were addressed to the applicant and show he was released from the unit (based on being an IRR No Show) and reassigned to the USAR Control Group (Annual Training), effective 21 May 1993. d. His Chronological Statement of Retirement Points fails to show he was credited with TPU participation credit during the period of service under review. (i.e., he was not credited with any active duty or inactive duty points for the retirement year beginning 12 December 1992 and ending 11 December 1993). e. 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. 3. The evidence of record shows assignment orders will be filed in the service, personnel records review, and finance records review folders. 4. The evidence of record shows the two orders were added to his AMHRR/ OMPF (IWS iPERMS record) on 6 September 1996. It is not easily understood why the applicant did not become aware of (or challenge) the alleged fraudulent orders until sometime in September 2015. 5. By regulation, in order to remove a document/record from the AMHRR/OMPF, there must be compelling evidence to support its removal. The evidence does not conclusively show that either of the orders was issued in error or that either of the orders is 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) AR20160003402 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160003402 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2