ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 24 October 2022 DOCKET NUMBER: AR20220001867 APPLICANT REQUESTS: revocation of his discharge orders due to improper counseling. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: •DD Form 149 (Application for Correction of Military Record) •DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on1 April 2013 •Orders Number 14-126-00039 issued by 88th Regional Support Command,6 May 2014 •Orders Number 21-342-00025 issued by Headquarters, U.S. Army ReserveCommand, 8 December 2021 FACTS: 1.The applicant states that he believes his discharge orders are unjust. He wasdischarged after failing to be selected for Lieutenant Colonel (LTC) twice. The boardconvened twice; once while he was in the Individual Ready Reserve (IRR) and the otherin June 2021. When he was released to the IRR, he was not informed of the ongoingrequirements established by the Army; such as earning 50 points per year in order tomaintain years of service. He was not counseled by his Commander or the humanresources office, but he was orally informed this action would be a good way to take abreak in order to get his civilian affairs in order. 2.The applicant's service record shows: a.On 28 December 1994, the applicant enlisted in the Regular Army. b.DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on23 August 1998, shows the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reserve Officers' Training Corps). Block 12c (Net Active Service This Period) – 3 years, 7 months, and 26 days. c.On 24 August 1998, the applicant reenlisted in the USAR. DA Form 597-3 (ArmySenior ROTC Scholarship Cadet Contract) shows the applicant enrolled in the ROTC at Southwest Missouri State University from 24 August 1998 to 30 May 2000. d.DA Form 71 (Oath of Office – Military Personnel), dated 4 May 2001,commissioned the applicant as a Reserve officer. e.DD Form 214, ending on 1 January 2007, shows the applicant was honorablyreleased from active duty. (1)Block 12a (Date Entered Active Duty This Period) – 29 May 2001. (2)Block 12c (Net Active Service This Period) – 5 years, 7 months, and 3 days. (3)Block 12d (Total Prior Active Service) – 3 years, 7 months, and 26 days. (4)Block 12e (Total Prior Inactive Service) – 0 years, 0 months, and 25 days. (5)Block 9 (Command to Which Transferred) USAR Control Group(Reinforcement). f.DD Form 214, ending on 1 April 2013, showing the applicant was honorablyreleased from active duty. (1)Block 12a (Date Entered Active Duty This Period) – 3 February 2010. (2)Block 12c (Net Active Service This Period) – 3 years, 1 month, and 29 days. (3)Block 12d (Total Prior Active Service) – 9 years, 2 months, and 29 days. (4)Block 12e (Total Prior Inactive Service) – 3 years, 1 month, and 26 days. (5)Block 18 (Remarks) shows Headquarters, 102nd Training Division. g.On 23 April 2013, a DD Form 215 (Correction to DD Form 214), correcting theapplicant's DD Form 214 for the period ending 1 April 2013, was issued which added the following: •Block 23 (Type of Separation) – Completion of required active service •Block 25 (Separation Authority)– Army Regulation 600-8-24 (Officer Transfersand Discharges), Paragraph 2-7 •Block 26 (Separation Code) – MBK h.Orders Number B-07-404709 issued by HRC, dated 31 July 2014, promoted theapplicant to the rank/grade of major (MAJ)/O-4, effective 24 July 2014. i.DA Form 1380, dated 11 November 2021, shows the applicant performedRescheduled Training on the following dates: •1 November 2021 – 8 hours for P2:Retirement Points •11 November 2021 – 8 hours for P2:Retirement Points j.Orders Number 21-342-00025 issued by the U.S. Army Reserve Command, dated8 December 2021, discharged the applicant from the USAR, effective 8 January 2022. Additional instructions show the applicant was twice non-selected for promotion to the rank/grade of lieutenant colonel (LTC)/O-5 and removal was required by Title 10, United States Code (USC), section 14506. 3.The applicant provides Orders 14-126-00039 issued by the 88th Regional SupportCommand, dated 6 May 2014, which reassigned the applicant to the U.S. ArmyReserve Control Group (Reinforcement), effective 5 June 2014 due to a voluntaryrequest. BOARD DISCUSSION: 1.After reviewing the application, all supporting documents, and the evidence foundwithin the military record, the Board determined that relief was not warranted. TheBoard carefully considered applicant's contentions, the military record, and regulatoryguidance. The Board found evidence of record void documentation of any impropercounseling and the applicant did not provide any for consideration by the Board. TheBoard further found that he was twice non-selected for promotion to the rank/grade oflieutenant colonel (LTC)/O-5, in accordance with Title 10, United States Code (USC),section 14506. Based on the preponderance of evidence available for review, theBoard determined the evidence presented insufficient to warrant a recommendation forrelief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :XXX :XXX :XXX 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. Microsoft Office Signature Line... ADMINISTRATIVE NOTE(S): N/A. REFERENCES: 1.Army Regulation 140-185 (Training and Retirement Point Credits and Unit LevelStrength Accounting Records): a.Paragraph 2-2 (Criteria for earning retirement points) states retirement pointsmay be earned by U.S. Army Reserve Soldiers for active duty or duty in an active status for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), voluntary IDT, annual training (AT), IDT, membership points, and for other activities specified in this regulation. •Four-hour rule; Soldiers earn one point for each scheduled 4-hour period ofIDT at Battle Assembly, Rescheduled Training (RST), Equivalent Training, orAdditional Training Assemblies •Two-hour rule; Soldiers earn one point for each IDT period per day for funeralhonors duty with a maximum of one point per calendar day •Four/eight-hour rule; Soldiers earn one point for each 4 hour or greaterperiod, award of a second point in the same day requires additional hours tobring the day's total to a minimum of 8 hours for a maximum of two points in 1calendar day b.Paragraph 3-3 (DA Form 1380) states nonpaid DA Forms 1380 will not beentered into Automated Drill Attendance Reporting Software (ADARS) and will be forwarded to HRC for award of retirement points no later than the end of each duty month. c.Table 3-1 provides that the code "N" will be entered for RST. The code "N"indicates the Soldier is entitled to retirement point credit only. 2.Department of Defense Instructions 1215.07 (Service Credit for Non-RegularRetirement) states inactive duty may be credited for each attendance at an inactive dutytraining period. A maximum of 2 retirement points for attendance at inactive dutytraining periods or equivalent training, in any 1 calendar day. The Service member'sparticipation is without payment other than the pay to which the Service member isentitled as a Reserve Component member. Credit no more than one retirement point forfewer than 8 hours. 3.Army Regulation 600-8-105 (Military Orders) states only the organization thatpublished the original order may amend, rescind, or revoke the order. If an order hasbeen revoked or rescinded by mistake, issue a new order. Do not issue another order torevoke the revocation or rescission. An order may be corrected by the organization thatpublished the original order to show the true state of affairs existing at the time theoriginal order was published. Orders may only be changed to reflect facts that existed when the original order was published. //NOTHING FOLLOWS//