ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF:    BOARD DATE:  3 August 2020 DOCKET NUMBER:  AR20180001283 





APPLICANT REQUESTS:  her discharge orders be revoked and she be placedback into a Reserve status. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

.On-line Application

.personal statement

.Medical documents



FACTS: 



1.The applicant states, in part, she was discharged from the U.S. Army Reserve(USAR) while being in the individual ready reserve (IRR).  She did not receive therequired information to complete and return due to the official mail not going to herpermanent address.  She did not access to her military email because she was notallowed to have a common access card (CAC) while being in the IRR.  She was also apatient in the Department of Veteran Affairs (VA) mental health program for treatment.Upon release from VA, she called the Army Human Resources Command (HRC) toinquire about being removed from IRR into a drilling unit; however, she was told shehad been discharged from the military.  Her reason was being placed in IRR was to beable to continue her career while completing her medical treatment.  She believes thedischarge was unjust and in error.  Prior to entering the hospital, she sought assistanceand was referred to a recruiting office in an attempt to relinquish her commission andrevert back to her enlisted rank and military occupational specialty (MOS).  This effortwas put on hold because the recruiter was trying to update her security clearance andshortly after, she was admitted into a VA hospital for treatment for one year.  HRCstated contact was initiated, but was never actually made.  She would like theopportunity to receive the needed information, complete it and send it back to throughappropriate channels.  Lastly, she received no guidance nor expectations orally orwritten upon entering IRR.2.The applicant enlisted into the USAR on 16 May 1997.  On 3 August 2007, she wasappointed a Reserve Commissioned Officer.  She was promoted to captain (CPT)effective 16 December 2008.
3.A memorandum from Headquarters, 63d Regional Support Command, with asuspense date of 1 December 2016, informed the applicant she had been consideredfor promotion twice and has not been selected.  The applicant's transition from an activestatus was mandatory.  She was given options pertaining to her transition from an activestatus.  She was informed if her options were not received by the suspense date shewould be administratively reassigned to the Retired Reserve.  Her record is void ofevidence showing she responded to the memorandum.

4.Orders D-10-726098, issued by U.S. Army Human Resources Command, show theapplicant was discharged from USAR effective 17 October 2017, due to failing toprovide military service obligation (MSO) election form as required by Department ofDefense Directive 1235.13.

5.In processing this case an advisory opinion was provided by AHRC, Chief,
Personnel Actions Branch, dated 10 July 2020, which states, in part, HRC has reviewedthe applicant’s record.  The applicant fulfilled her MSO and failed to take action to electto remain in IRR.  She was notified by mail of her option to elect to remain in the
IRR, request resignation, or transfer to the Retired Reserve, if qualified.  Military
departments must remove those officers from the military within two (2) years after
fulfillment of the officer’s MSO unless they clearly elect to remain in the IRR past their
MSO as allowed by the military departments, Department of Defense Instruction
Number 1235.13 and Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers).

6.On 16 July 2020, the applicant was provided a copy of the advisory opinion for
comment or rebuttal.  She did not respond.

7.Army Regulation 140-10, covers policy and procedures for assigning, attaching,
removing, and transferring USAR Soldiers.


BOARD DISCUSSION: 

1.After review of the application and all supporting documents, the Board foundsufficient evidence to grant relief.  Sufficient evidence exists to indicate that theapplicant was hospitalized at the VA for one year while receiving treatment for PTSDand was unable to make an election to remain in the IRR past her MSO.  Therefore, theBoard found sufficient evidence to revoke orders D-10-726098, dated 17 October 2017,and reinstate the applicant in the IRR, effective 17 October 2017, with only 15member/unit points allotted until that time that the applicant earns additional pointsthrough normal attendance and training.  The Board intends that the applicant should bereinstated only so far as to reflect no break in service from 17 October 2017, but thereinstatement does not extend to pay or additional retirement points, except for the
aforementioned 15 unit points per year for the time period from 17 OCT 2017 until the execution of the recommended correction. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

: : : DENY APPLICATION 


BOARD DETERMINATION/RECOMMENDATION: 

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

1.revoking orders D-10-726098, dated 17 October 2017

2.reinstating the applicant in the IRR, effective 17 October 2017, showing no break inservice for the time period from 17 OCT 2017 until the execution of the recommendedcorrection.

3.award 15 member/unit points per year from 17 October 2017 until the execution ofthe recommended correction.


X

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. 




REFERENCES: 
 
1. Army Regulation 140-10, covers policy and procedures for assigning, attaching,  


removing, and transferring USAR Soldiers.  Paragraph 7-6 provides for the removal of  
officers who are twice not selected for promotion to  chief warrant officer 3 (CW3),  
CW4, CPT, major (MAJ), and lieutenant colonel (LTC) on the first day of the  
seventh month after the month the president approves the selection board that failed to  
select the officer for promotion the second time, unless selectively continued.   
 
2. Department of Defense Instruction Number 1235.13, established policy and  


procedures for administration and management of the Individual Ready Reserve (IRR) and the Inactive National Guard (ING).  Enclosure 3 states Officers who have fulfilled their MSO and have not taken action to elect to remain in the IRR must be advised of the requirement to remove them from the military. The Military Departments must remove those officers from the military within 2 years after fulfillment of the officer’s MSO unless they positively elect to remain in the IRR past their MSO as allowed by the military departments. 
//NOTHING FOLLOWS//