IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20160015033 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 27 September 2016 DOCKET NUMBER: AR20160015033 BOARD DETERMINATION/RECOMMENDATION: 2. The Board determined the evidence presented is sufficient to warrant amendment of the decision of the Army Board for Correction of Military Records set forth in Docket Number AR20150009314, dated 10 May 2016, by issuing him orders transferring him to the Retired Reserve effective 23 April 2013 and revoking Orders D-04-306797. _____________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: 27 September 2016 DOCKET NUMBER: AR20160015033 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). CONSIDERATION OF ADDITIONAL EVIDENCE: 11. On 24 May 2016, new information was received from the National Guard Bureau (NGB), Personnel Policy Division, Chief of Special Actions Branch regarding the decision of the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20150009314, dated 10 May 2016. 12. The evidence submitted consists of email communications wherein the NGB opined the previous Board did not take into consideration the period of time the applicant spent in the U.S. Army Reserve (USAR) Control Group (Reinforcement) when it rendered its decision to transfer him to the Retired Reserve effective 16 September 2012. The applicant was transferred to the USAR Control Group (Reinforcement) by the New York Army National Guard (NYARNG) effective 15 September 2012. The applicant was in the USAR Control Group (Reinforcement) from 15 September 2012 to his date of discharge on 23 April 2013, a period of 221 days. The NGB official opines that these days should be accounted for in the applicant?s record. ADDITONAL REFERENCES: Army Regulation 140-10 (Army Reserve – Assignments, Attachments, Details, and Transfers) states that orders transferring Soldiers to the Retired Reserve should cite paragraph 6-2 (Orders and certificates) and the reason for the transfer. In addition, Soldiers transferred to the Retired Reserve will be furnished DA Form 977 (Certificate of Transfer to Retired Reserve ADDITIONAL DISCUSSION: 4. At the time of the decision of the ABCMR in Docket Number AR20150009314 on 10 May 2016, it was the intent of the ABCMR to make the applicant's record as administratively correct as it should properly have been at the time. 5. The ABCMR's decision in Docket Number AR20150009314 omitted the applicant’s service in the USAR Control Group (Reinforcement) from 15 September 2012 to 23 April 2013. The evidence supports correcting his record in accordance with regulatory guidance to show he transferred to the Retired Reserve effective 23 April 2013. To effect this change, the orders (Orders D-04-306797) discharging him from the USAR may be revoked and replaced by orders transferring him to the Retired Reserve. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS ABCMR Record of Proceedings AR20160015033 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS Enclosure 1 ABCMR Supplemental Record of Proceedings (cont) AR20160015033 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS SUPPLEMENTAL RECORD OF PROCEEDINGS Enclosure 2