ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 9 March 2020 DOCKET NUMBER: AR20180008839 APPLICANT REQUESTS: transfer to the U.S. Army Reserve Individual Ready Reserve (USAR IRR) from the Retired Reserve. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * DD Form 4 (Enlistment/Reenlistment Document – Armed Forces of the United States), dated 18 May 2012 * three DA Forms 2166-9-2 (Noncommissioned Officer Evaluation Reports (NCOER) covering the periods 16 September 2015 through 31 August 2016, 1 October 2016 through 30 September 2017, and 1 October 2017 through 29 April 2018 * Memorandum for Record, dated 1 May 2018, subject: Unit Letter of Acceptance * DA Form 4187 (Personnel Action), undated and unsigned REFERENCES: 1. Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers. a. Paragraph 4-12 (Routine Assignment of Enlisted Soldiers to the IRR) states enlisted Soldiers are routinely transferred to the IRR from other categories and sources. Subject to any restrictions, a Soldier who is not concurrently assigned to a troop program unit (TPU), Individual Mobilization Augmentee (IMA), or Active Guard Reserve position is transferred to an appropriate IRR control group under the following conditions, such as reassigned from the Retired Reserve. b. Paragraph 6-1 (Eligibility) states: (1) Assignment to the Retired Reserve is authorized, with the exception of enlisted Soldiers subject to involuntary separation. The Soldier may not elect reassignment to the Retired Reserve in lieu of involuntary separation, unless specifically waived. The eligible Soldiers may be allowed to transfer if they: * are entitled to receive retired pay from the U.S. Armed Forces because of prior military service or disability * 20 qualifying years of service (QYS) for retired pay at age 60, and are eligible to receive the Notification of Eligibility of Retired Pay at Age 60 (20-Year Letter) * are medically disqualified and not as a result of own misconduct, for retention in an active status, who have completed at least 15 QYS but less than 20 QYS for retired pay, and are eligible to receive the Notification of Eligibility for Retired Pay at Age 60 (15-year letter) * have completed a total of 20 years of active service in the U.S. Armed Forces (2) USAR TPU and IMA officers and enlisted Soldiers will submit voluntary requests for transfer to the Retired Reserve not later than 9 months prior to the effective date of the transfer. (3) Involuntary reassignment to the Retired Reserve is authorized for eligible Soldiers removed for maximum years of service or maximum age who do not elect discharge. c. Paragraph 6-4 (Criteria for Transfer) states the criteria for transfer from the Retired Reserve to the Ready Reserve is based on the Soldiers' status. (1) Transfer is not authorized for Soldiers receiving retired pay unless the Secretary of the Army makes a special finding that their services are indispensable. A Soldier is determined indispensable when no other Soldier in the Ready or Standby Reserve in the area is eligible and qualified for the position. (2) A Soldier who is not receiving retired pay and is otherwise qualified and not prohibited under subparagraph (3) below, may be transferred to an appropriate TPU or IMA position vacancy. The transfer must be voluntary based on the Soldier's request. (3) Retired Reserve Soldiers who were removed from active status by board action or operation of law are ineligible for transfer to the Ready Reserve. 2. Army Regulation 635-200 (Active Duty Enlisted Administrative Separations) sets forth the basic authority for the separation of enlisted personnel. Chapter 19 (Qualitative Management Program (QMP)) contains policies and procedures for voluntary and involuntary separation under the QMP of Regular Army NCOs and USAR NCOs serving in an Active Guard Reserve status. Soldiers who choose not to appeal may request voluntary discharge. Such discharge will occur 90 days after the Soldier receives pre-separation counseling as required by law. Requests for voluntary discharge, once submitted, may not be withdrawn. FACTS: 1. The applicant states he would like to be reassigned to the IRR from the Retired Reserve. a. His retirement was due to the QMP board decision that, by itself, followed regulation and doctrine. He missed his opportunity to appeal this action due to misunderstanding and chose to apply for Non-Regular retirement, which was approved. If he understood the rebuttal process, he would have appealed rather than applying for Non-Regular retirement. b. His record will show there are no substantiating reasons why a relief-for-cause NCOER should have been rendered by the 439th Multifunctional Medical Battalion, 3rd Medical Command Deployment Support. The relief-for-cause NCOER was for the period 16 September 2015 through 31 August 2016. The next two NCOERs he received covering the periods 1 October 2016 through 30 September 2017 and 1 October 2017 through 29 April 2018 show him in the same position he was relieved from in 2016. During the past 2 years he had the same rater who gave him the relief- for-cause NCOER. His last two NCOERs reflect additional duties. Also, the relief-for- cause NCOER is not documented with the proper quarterly counseling support forms to back up the bullets in the NCOER. 2. He was serving on active duty in the USAR in an Active Guard Reserve status at the time the relief-for-cause NCOER was rendered. 3. His NCOER covering the period 16 September 2015 through 31 August 2016 shows the reason for submission as relief for cause. His principle duty title was Plans NCO; he did not have additional duties. a. In Part IVd (Presence), his rater marked "Did Not Meet Standard" and entered the bullet comments: * was relieved of his duties as S3 NCOIC; counseled by senior leadership on numerous occasions for failure to perform * had difficulty accomplishing duties and meeting time lines b. In Part IVe (Intellect), his rater marked "Did Not Meet Standard" and entered the bullet comments: * failed to meet required training requirements at Senior Leader Course Phase 1 * lacked the expertise and faced challenges to execute his duties in authoring and publishing plans and orders to standard c. In Part IVi (Rated NCO's Overall Performance Compared to Others in the Same Grade Whom You Have Rated in Your Career), his rater marked "Did Not Meet Standard" and entered the bullet comments: * NCO was unable to perform as a Plans NCO in his current position. He lacked the experience and expertise in authoring military orders despite successfully completing the Battle Staff NCO Course * NCO is a hard charger who puts in 100% but still performs inefficiently on his assigned tasks d. In Part Va (Rated NCO's Overall Performance Compared to Others in the Same Grade Whom You Have Rated in Your Career), his senior rater marked "Not Qualified" and entered the comments: Soldier was unable to perform in the position of Plans NCO and did not show the leadership skills of a Senior NCO. Soldier lacks the basic understanding of operations, time management skills, and critical thinking skills needed to perform tasks to meet the mission after being coached and mentored by other Senior NCOs and Officers. Soldier has done all that he is capable of for the U.S. Army Reserve. 4. On 4 May 2017, he was notified he completed the required years of service and he was eligible for retired pay at age 60. 5. The U.S. Army Human Resources Command (HRC) memorandum, dated 5 October 2017, subject: Notification of Denial of Continued Active Duty Service under the QMP, states the QMP selection board conducted a comprehensive review of the applicant’s record for potential denial of continued service under the QMP and recommended denial of his continued active duty service. As a result, the Director of Military Personnel Management approved the board recommendation and stated the applicant would be involuntarily discharged not later than 1 May 2018 or upon reaching his contractual expiration of term service, whichever was earlier. In lieu of involuntary discharge, he had the following options: a. request an earlier separation date; however, the date requested must allow for a minimum of 90 days for pre-separation counseling via the Soldier for Life Transition Assistance Program. Requests for earlier separation, once submitted, may not be withdrawn; or? b. appeal this decision and request retention on active duty. If he elected to appeal, any such appeal was limited to newly discovered evidence, the subsequent removal of documents from his Army Military Human Resource Record, or material error. 6. His annual NCOER covering the period 1 October 2016 through 30 September 2017 shows his principle duty title as Medical Operations NCO. His additional duties included Casualty Assistance Officer, Best Warrior Instructor, and Team Leader. His rater rated his overall performance as "Met Standard" and his senior rater rated his potential compared to others in the same grade as "Highly Qualified." 7. His change-of-rater NCOER covering the period 1 October 2017 through 29 April 2018 shows his principle duty title as Medical Plans Operations NCO. His additional duties included NCO in Charge of Military Funeral Honors, Casualty Assistance Officer, and Best Warrior Instructor. His rater rated his overall performance as "Exceeded Standard" and his senior rater rated his potential compared to others in the same grade as "Highly Qualified." 8. On 29 April 2018, he was honorably released from active duty. 9. The memorandum for record from the Commander, 1st Battalion, 309th Infantry Regiment (Training Support Battalion), USAR, dated 1 May 2018, subject: Unit Letter of Acceptance, states the unit agrees to accept the applicant for assignment to a platoon sergeant position. 10. The applicant provided a DA Form 4187, dated 27 April 2018, requesting transfer from the IRR to the Selected Reserve with assignment to the 1st Battalion, 309th Infantry Regiment (Training Support Battalion). The form is not signed by the applicant or an approval authority. There is no evidence indicating this request was processed. 11. HRC Orders D-05-814363, dated 15 May 2018, honorably discharged him from the USAR Control Group (IRR) by authority of Army Regulation 135-178 (Separation of Enlisted Personnel). 12. HRC Orders C-05-805936, dated 16 May 2018, reassigned him from the USAR Control Group (IRR) to the Retired Reserve effective 30 April 2018. He completed 20 or more years of Reserve duty. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, the evaluations in his record, a 20-year letter, the denial of continued Active Duty service, his release from active duty, an unsigned DA Form 4187 and orders discharging him and orders assigning him to the Retired Reserve effective 30 April 2018. The Board found insufficient evidence to support reinstating the applicant as a member of the IRR. Based on a preponderance of evidence, the Board determined that his separation and transfer to the Retired Reserve was not in error or unjust. 2. After reviewing the application and all supporting documents, the Board found that relief was not warranted. ? BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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. 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20180008839 7 1