IN THE CASE OF: 

		BOARD DATE: 28 June 2023

		DOCKET NUMBER: AR20220011118


APPLICANT REQUESTS:  amendment of Orders C06-408093, issued by the U.S. Army 
Human Resources Command, on 9 June 2014, that transferred her to the Retired 
Reserve, to show the reason for the transfer as other than “non-participation.” 

APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD:

*	DD Form 149 (Application for Correction of Military Record)
*	Orders 13-032-00091, 1 February 2013, transfer to the Individual Ready Reserve
*	Orders C-06-408093, 9 June 2014, transfer to the Retired Reserve

FACTS:

1.  The applicant did not file within the 3-year time frame provided in Title 10, U.S. 
Code, section 1552(b); however, the Army Board for Correction of Military Records 
(ABCMR) conducted a substantive review of this case and determined it is in the 
interest of justice to excuse the applicant's failure to timely file.

2.  The applicant states she received Orders 13-032-00091, dated 1 February 2013, 
and the orders contain a statement in section (D) that reads “Reentry to Troop Program 
Unit status is Prohibited.” She then received a second set of orders from the U.S. Army 
Human Resources Command, Order C06-408093, dated 9 June 2014 indicating the 
reason for her transfer to the Retired Reserve is her non-participation. She believes she 
statement about non-participation should be changed or amended. 

3.  Review of the applicant’s service records shows: 

	a.  She was born on. She served in the Regular Army 28 December 1979 to 27 
January 1983, and on release from active duty, she was transferred to the U.S. Army 
Reserve Control Group. 

	b.  She reenlisted in the U.S. Army Reserve multiple times, and she was promoted 
to staff sergeant/E-6 in March 1996. Her last reenlistment was an indefinite reenlistment 
on 21 February 2004.

	c.  On 2 February 2006, the U.S. Army Human Resources Command issued her a 
Notification of Eligibility for Retired pay at Age 60 (20-Year letter), informing her that she 
had completed the required years of qualifying reserve service and are eligible for 
retired pay on application at age 60.

	d.  On 1 February 2013, Headquarters, 63rd Regional Support Command (her 
higher headquarters) published Orders 13-032-00091, reassigning her form her current 
troop program unit assignment, to the U.S. Army Reserve Control Group 
(Reinforcement or IRR) effective 30 March 2013. The reason for this reassignment is 
listed as “Non-selection by Selective or Qualitative Retention Board) 

	e.  On 31 March 2013, by letter, Subject: Nonparticipation in the U.S. Army Reserve, 
the U.S. Army Human Resources Command informed the applicant: 

		(1)  Army Regulation 140-10, Assignments, Attachments, Details, and Transfers, 
states that an enlisted Soldier who has accrued 20 years of qualifying service for retired 
pay must earn a minimum of 50 retirement points annually to be retained in an active 
status in the U. S. Army Reserve. An Officer (other than a commissioned warrant 
officer) or enlisted Soldier who does not earn 50 points by his/her retirement year 
ending (RYE) date will be removed from an active status.

		(2)  If a Soldier does not earn the required 50 retirement points during a 
retirement year, he/she may request a waiver on a ONE-TIME-BASIS. The Soldier must 
request the waiver and submit documentation indicating nonparticipation was due to 
circumstances beyond his/her control. Such circumstances are defined as those of a 
personal or temporary nature. The waiver cannot be used to extend mandatory removal 
dates or expiration term of service (ETS) dates. Without appropriate documentation, the 
waiver will not be granted. Voluntary Separation Incentive (VSI) recipients will 
lose benefits if they do not request and receive a waiver. However, since waivers are 
granted on a ONE-TIME-BASIS, VSI recipients must thereafter maintain an active 
status to continue Reserve affiliation and receive their benefits.

		(3)  She has been identified as not having earned 50 retirement points during 
your most recent RYE (Retirement Year Eligibility). If this information is incorrect, notify 
her Personnel Actions Branch immediately. If this information is correct, complete the 
Election of Options on the reverse and return by the suspense date indicated above. 
Failure to respond will result in her discharge. VSI recipients who are discharged or 
transferred to the Retired Reserve because of nonparticipation will lose their yearly 
benefits.

		(4)  If she does not remain in an active status by earning 50 points each year, 
she has a choice of requesting transfer to the Retired Reserve or being discharged. 
This office recommends you consider the positive aspects of the Retired Reserve, to 
include continued military status; exchange and commissary privileges; use of morale, 
welfare, and recreation activities; space available travel; club membership; continuation 
of SGLI; and authorization to wear the uniform, when appropriate.

	f.  There is no indication the applicant responded to the first notification regarding the 
Election of Options.  

	g.  On 9 May 2014, by letter, the U.S. Army Human Resources Command informed 
the applicant by memorandum, Subject: Nonparticipation in the U.S. Anny Reserve (2nd 
Notification) that following:

		(1)  An original Nonparticipation in the U.S Anny Reserve notification was mailed 
to her on 31 March 2014, with a Suspense Date of05 May 2014. Their office has not 
received her Election of Options.

		(2)  This is her 2nd notification with a new suspense date of 5 June 2014. If their 
office does not receive her Election of Options by the Suspense Date, she would 
automatically be transferred to the Retired Reserves. 

	h.  There is no indication the applicant responded to the second notification. 

	i.  On 9 June 2014, the U.S. Army Human Resources Command published Orders 
C-06-408093 reassigning the applicant from the U.S. Army Reserve Control Group 
(Reinforcement or IRR) to the Retired Reserve effective 11 June 2014. The reason is 
indicated as “Non-Participation.” 

	j.  Her DA Form 5016 (Chronological Statement of Retirement Points) show she 
completed 27 years and 1 month of qualifying service towards non-regular retirement. 
Breakdown of some of her retirement points is as follows: 

*	2012-12-28 to 2013-12-27, 15 membership pints, 10 inactive duty points, total 25
*	2013-12-28 to 2014-06-10, 7 membership points, total 7 During RYE 

	k.  Her DA Form 5016 (Chronological Statement of Retirement Points) show she 
completed 27 years and 1 month of qualifying service towards non-regular retirement. 

	l.  On 2 May 2023, the applicant submitted an application for retired pay at age 60. It 
is currently being processed. 

?
BOARD DISCUSSION:

1.  After reviewing the application, all supporting documents, and the evidence found 
within the military record, 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. The governing regulation provides that Soldiers being removed from an 
active status for non-participation will be reassigned to the Retired Reserve, if eligible, 
unless discharge is requested. Upon review of the applicant’s petition and available 
military records, the Board determined, the applicant did not provide nor did the service 
record contain substantiating evidence to indicate a discharge was requested. The 
Board agreed there was insufficient evidence of an error or injustice to warrant relief in 
this case.

2. This board is not an investigative body.  The Board determined despite the absence 
of the applicant’s retirement points, they agreed the burden of proof rest on the 
applicant, however, she did not provide any supporting documentation and her service 
record has insufficient evidence to support the applicant contentions for a transfer.


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.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of 
military records must be filed within 3 years after discovery of the alleged error or 
injustice. This provision of law also allows the ABCMR to excuse an applicant's failure to 
timely file within the 3-year statute of limitations if the ABCMR determines it would be in 
the interest of justice to do so.

2.  Army Regulation 140-10, Assignment, Attachments, Details, and Transfers, covers 
policy and procedures for assigning, attaching, removing, and transferring U.S. Army 
Reserve soldiers. It defines Ready Reserve Control Groups and the Selected Reserve. 
Detailed procedures are given for removing soldiers from an active status. 

	a.  Paragraph 4-16, Involuntary reassignment for unsatisfactory participation. A TPU 
or IMA Soldier who completed IET, has future mobilization potential as determined by 
their commander, was awarded an MOS, and is not within 3 months of ETS, and who 
fails to participate satisfactorily, may be reassigned to the appropriate control group of 
the IRR. Involuntary reassignment is discretionary and may be made in lieu of discharge 
proceedings, when determined to be in the best interest of the Army. 

	b.  Paragraph 6-1, Transfer to the Retired Reserve. Involuntary reassignment to the 
Retired Reserve is authorized for Soldiers who have received the Notification of 
Eligibility for Retired Pay/20-year letter, failed thereafter to attain 50 retirement points in 
their anniversary year, and failed to respond to the options of discharge, retirement, or 
1-time waiver provided in the non-participation letter.

	c.  Paragraph 7-1, Soldiers being removed from an active status for non-participation 
will be reassigned to the Retired Reserve, if eligible, unless discharge is requested.

	d.  Table 7-1, Rules for Removal from Active Status provides to use Rule 2.1 for 
Non-Participation. One exception to removal for failure to earn the required 50 
retirement points may be authorized by the area commander (for Soldiers assigned to a 
TPU) or CG, HRC (HRC – PAT – I) (for all other USAR Soldiers) as follows: The Soldier 
requests a waiver and submits documentation to show that non-participation was due to 
circumstances beyond their control. Such circumstances are defined as those of a 
personal or temporary nature such as ex-tended illness or civilian employment 
interferences.

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	AR20220011118


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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


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