IN THE CASE OF: BOARD DATE: 16 August 2023 DOCKET NUMBER: AR20220009536 APPLICANT REQUESTS: * correction of the Military Personnel, Army (MPA), type and reason for discharge shown on his U.S. Army Human Resources Command (HRC) Reserve/Retiree/ Veteran Record * a personal appearance hearing before the Board APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552) * HRC Reserve/Retiree/Veteran Record, undated * HRC Memorandum (Administrative Separation, Applicant), 16 February 2022 * DA Form 268 (Report to Suspend Favorable Personnel Actions (Flag)), 16 February 2022 * Email (Correction of Military Records Question), 17 August 2022 FACTS: 1. The applicant states his MPA type and reason for discharge is shown as "LD-DISCHARGE – INVOLUNTARY/BF-EXPIRATION OF ARNG [Army National Guard] OR USAR [U.S. Army Reserve] SERVICE OBLIGATION." This is a huge error and unjustified as he was selected for retention in the Army. He received no punishment and no "LD" discharge or involuntary separation occurred. The memorandum by the HRC Commanding General is attached. He believes this error and injustice was caused by his command's not wanting to honor the board's decision and trying to fast-track his separation to cause the most harm to his records and reputation. It should be noted that his company commander stated on record that Soldiers are guilty until proven innocent during one of the administrative separation board proceedings. 2. On 27 September 2020, the applicant was honorably discharged from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) by reason of completion of required active service. He completed 1 year, 11 months, and 6 days of net active service during this period. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows his Reserve obligation termination date as 14 October 2021. 3. The HRC memorandum from the deputy commanding general (Referral for Separation Action, Non-Unit Soldier (Individual Ready Reserve (IRR)) (Applicant)), undated, states: a. The applicant completed his Active Guard Reserve assignment on 27 September 2020 and was released from active duty (REFRAD) to the U.S. Army Reserve Control Group (Reinforcement) under the jurisdiction of HRC. Prior to his REFRAD, he was assigned to a unit of the 9th Mission Support Command and was subject to a separation board convened under Army Regulation 635-200 (Active Duty Enlisted Administrative Separations). The applicant's REFRAD occurred prior to taking final separation action against him. Due to the sexual nature of the alleged offense against him, it was in the best interest of the U.S. Army to complete the action and separate him from the service. He returned to a residence in Wisconsin following his REFRAD. b. The applicant was subject to a separation board prior to his REFRAD. That board found that he should be separated from the U.S. Army with characterization of his service as under other than honorable conditions. The 9th Mission Support Command took action to finalize the separation; however, he was released from active duty prior to taking final separation action, which terminated that command's authority to finalize the separation action. The applicant is now assigned under the jurisdiction of HRC as a member of the IRR. This matter should be reviewed for further separation action. c. Pursuant to Army Regulation 135-178 (Enlisted Administrative Separations), the HRC Deputy Commanding General referred this matter to the U.S. Army Reserve Commander for review and requested designation of the appropriate U.S. Army Reserve Command element based on geographic area to appoint a separation board in accordance with regulatory guidance. 4. On an unknown date but corresponding with the above-referenced memorandum, the HRC Deputy Commanding General initiated a code W (Headquarters, Department of the Army use only – Involuntary Separation) flag. 5. No record of action resulting from the above-referenced memorandum is available in the applicant's service records and the applicant did not provide any documentation. 6. His Reserve obligation terminated on 14 October 2021. His records contain no evidence showing he reenlisted prior to his expiration term of service. 7. HRC Orders D-10-121310, 19 October 2021, honorably discharged him from the U.S. Army Reserve effective that date under the provisions of Army Regulation 135-178. The reason for his discharge is not shown. 8. A screenshot of his MPA Reserve/Retiree/Veteran Record shows his MPA type and reason for discharge as "LD-DISCHARGE – INVOLUNTARY/BF-EXPIRATION OF ARNG OR USAR SERVICE OBLIGATION." 9. The HRC memorandum from the commanding general (Administrative Separation, Applicant), 16 February 2022, states the Administrative Separation Board found the allegations against the applicant were not supported by a preponderance of the evidence and recommended his retention in the U.S. Army Reserve. The HRC Commanding General approved the board's recommendation and closed the action. 10. The DA Form 268, 16 February 2022, shows the applicant's code W flag was removed on 16 February 2022 and the case was closed favorably. 11. The HRC email from a paralegal specialist (Correction of Military Records Question), 17 August 2022, directed the applicant to the Army Review Boards Agency (ARBA) for correction of his MPA records and discharge orders. 12. The ARBA memorandum for HRC (Advisory Opinion – Applicant), 30 June 2023, requested a review of the applicant's request, together with his military records, to determine appropriate administrative action. If full administrative relief was not possible, ARBA further requested a comprehensive advisory opinion for use by the Army Board for Correction of Military Records (ABCMR). 13. The HRC memorandum from the deputy command judge advocate (Advisory Opinion – Applicant), 20 July 2023, states: a. The applicant was discharged from the U.S. Army Reserve Control Group (Reinforcement) on 19 October 2021. The U.S. Army Reserve Control Group (Reinforcement) is the IRR. This discharge was issued following the expiration of his term of service on 14 October 2021. As currently appearing, the MPA type and reason for discharge are listed as "LD-DISCHARGE – INVOLUNTARY/BF-EXPIRATION OF ARNG OR USAR SERVICE OBLIGATION." The applicant contends that these codes are an error and an injustice because he was retained by a separation board. In fact, these are the correct codes as more fully detailed below. b. Separation from IRR is an automated process following completion of a Soldier's term of service. This automated process applies codes in the Automated Orders Resource System for the purpose of generating the final separation order. There are two separate codes that appear in the applicant's records: (1) "LD-DISCHARGE – INVOLUNTARY." In the present matter, the discharge is the natural occurrence following expiration of the Soldier's term of service. It is deemed to be involuntary because the Soldier is not requesting the discharge and the Soldier has taken no affirmative action to request extension of his service affiliation. (2) "BF-EXPIRATION OF ARNG OR USAR SERVICE OBLIGATION." This is the reason code indicating the term of service has expired. c. As detailed above, the two codes applied to the applicant's separation are correct and proper. There is no administrative correction that can be applied in this matter. 13. The ARBA letter, 25 July 2023, informed the applicant that ARBA received an advisory opinion from HRC. The ABCMR can adopt the advisory opinion recommendation in whole, in part, or reject the recommendation, based on the Board's analysis of the facts and circumstances of his case. Processing of his application was placed on hold for 15 days from the date of the letter to allow him the opportunity to submit comments or rebut the advisory opinion. If he chose not to submit comments by the suspense date, the ABCMR would make a final determination based on the available facts and documents. The applicant did not respond to the advisory opinion. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the applicant's military records, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition, available military records and the U.S. Army Human Resources Command, Deputy Command Judge Advocate advisory opinion, the Board concurred with the advising official finding the codes that appear on the applicant’s records are correct. The Board noted the advisory opined that the MPA type and reason for discharge are listed as "LD-DISCHARGE – INVOLUNTARY/BF-EXPIRATION OF ARNG OR USAR SERVICE OBLIGATION. The Board agreed, based on separation from the IRR an automated process following completion of a Soldier's term of service. This automated process applies codes in the Automated Orders Resource System for the purpose of generating the final separation order. The Board found insufficient evidence of an error in the applicant’s record, therefore, relief was denied. 2. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : 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 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. REFERENCES: 1. Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. The ABCMR may, in its discretion, hold a hearing (sometimes referred to as an evidentiary hearing or an administrative hearing) or request additional evidence or opinions. Applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 2. Army Regulation 135-178, 7 November 2017 and currently in effect, sets policies, standards, and procedures to ensure the readiness and competency of the U.S. Army while providing for the orderly administrative separation of the Army National Guard of the United States and U.S. Army Reserve enlisted Soldiers for a variety of reasons. a. Paragraph 4-1 (Basis) states a Soldier will be discharged from the Army upon expiration of the later of the term of contractual service or the statutory military service obligation (MSO). b. Paragraph 4-2 (The MSO) states the period of military service required for all enlisted Soldiers will be in accordance with applicable laws and Department of Defense directives. A person whose initial entry into military service was on or after 1 June 1984 incurred an obligation to serve a period of 8 years in the military service from the date of entry unless sooner discharged for personal hardship. Unless reenlisted or extended for a term of service that exceeds the expiration date of the statutory MSO, or retained, the Soldier will be discharged on the expiration of the statutory MSO by the separation authority. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220009536 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1