Search Decisions

Decision Text

ARMY | BCMR | CY2003 | 2003087564C070212
Original file (2003087564C070212.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


                  IN THE CASE OF:
        


                  BOARD DATE: 13 November 2003
                  DOCKET NUMBER: AR2003087564

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Arthur A. Omartian Chairperson
Ms. Eloise C. Prendergast Member
Mr. Ronald E. Blakely Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That his records be corrected to show he was continued on the Reserve Active Status List (RASL) from 14 August 2002.

APPLICANT STATES: That he was recalled to active duty and his orders did not state "retain on RASL." He was selected for promotion to lieutenant colonel (LTC) by the Fiscal Year (FY) 2002 Army Promotion List (APL) subsequent to his entering active duty. He has requested that his orders be amended to request continuation on the RASL; however, the Board must make that amendment retroactive.

As supporting evidence, the applicant provides U. S. Total Army Personnel Command (PERSCOM) orders A-07-293185 dated 1 July 2002 ordering him to active duty in the rank of major, with a reporting date to his active duty unit of 15 August 2002, with an active duty commitment of "obligated volunteer officer 3 years in a voluntary indefinite (VI) status;" PERSCOM orders A-07-293185A01 dated 22 July 2002 which amended his active duty orders to change his movement designator code; an extract from the National Defense Authorization Act for FY 2002; a copy of a chart entitled "ADL Status of Commissioned Officers Serving on EAD" on which he highlighted the section "Entry to EAD 28 Dec 01 and later/for a period of 3 years or less/and orders stipulate officer remain on RASL (NO)/on ADL? (YES*)" and "*Orders may be amended to place officer on RASL (Not retroactive)."

The applicant also provides a 6 February 2003 email from Headquarters, Department of the Army, ASA-M&RA to PERSCOM, TAPC-MSL-B; 6/7 February 2003 email traffic between the applicant and PERSCOM, TAPC-MSL-B; a 6 February 2003 memorandum from the applicant to the U. S. Army Reserve Personnel Command (AR-PERSCOM), subject: Amendment of Orders to place (applicant) on the Reserve Active-Status List (RASL); and a 10 February 2003 memorandum from PERSCOM to Headquarters, Department of the Army (HQDA), G-1, subject: Removal from Selection List.

EVIDENCE OF RECORD: The applicant's military records are not available (the available fiche contains only one document). Information contained herein was obtained from documents provided by the applicant.

The applicant was ordered to active duty in the rank of major with a reporting date to his active duty unit of 15 August 2002. His orders show his active duty commitment as "obligated volunteer officer 3 years in a voluntary indefinite (VI) status." His orders include the additional instructions, "Officer will be called to active duty in a voluntary indefinite (VI) status for a minimum three-(3) year initial active duty service obligation (ADSO)."

The applicant's orders further include in the additional instructions, "You are required to forward…to your PERSCOM assignment manager…" and "These documents … will be forwarded when completed to PERSCOM… for possible date of rank and promotion eligibility re-computation…"

The FY 2002 LTC Reserve APL promotion board convened on 4 September 2002. The applicant was selected for promotion to LTC. The board results were approved on 13 January 2003 and released on 4 February 2003. The applicant has a promotion eligibility date (PED) of 28 January 2004.

By memorandum to HQDA dated 10 February 2003, PERSCOM requested the applicant be removed from the FY 2002 LTC Reserve APL Selection List as he had been ordered to active duty on 15 August 2002 (prior to the board's convene date of 4 September 2002).

The National Defense Authorization Act for FY 2002 amended section 641(1)(D) of Title 10, U. S. Code to allow a Reserve officer who is ordered to active duty under section 12301 of this title for a specified period of 3 years or less to be continued on the RASL.

In the processing of this case, an advisory opinion was obtained from the Office of Promotions, Reserve Components, AR-PERSCOM. That office noted that the applicant's active duty orders did not stipulate that he remain on the RASL but do stipulate that PERSCOM would be his manager; therefore, he was deemed to have been placed on the active duty list (ADL). Had that office been aware that he was on the ADL effective 15 August 2002, his name would have been removed from the list of consideration by the FY 2002 LTC Reserve Components selection list. However, that office was not notified and he was erroneously considered for promotion. If PERSCOM amends his orders to place him back on the RASL and the Board directs that the amended order be retroactive, the applicant could be promoted when he reaches his PED if he meets all other criteria as well.

A copy of the advisory opinion was provided to the applicant for comment and/or rebuttal. He did not respond within the given time frame.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board notes the applicant's implied contention that, since he was ordered to active duty for a period of 3 years or less, he could be retained on the RASL.

2. However, the Board notes that the applicant's active duty orders state that he was called to active duty in a voluntary indefinite status for a minimum (emphasis added) 3-year initial ADSO. In other words, he would not necessarily be required to be released from active duty at the end of the 3-year period.
3. Therefore, the Board concludes that the applicant does not meet the statutory requirement for discretionary retention on the RASL. Rather, he falls under the criteria that his orders will not stipulate that he remain on the RASL and that he will be placed on the ADL.

4. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__aao___ __ecp___ __reb___ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2003087564
SUFFIX
RECON
DATE BOARDED 20031113
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY Mr. Chun
ISSUES 1. 131.00
2.
3.
4.
5.
6.


Similar Decisions

  • ARMY | BCMR | CY2004 | 20040005405C070208

    Original file (20040005405C070208.doc) Auto-classification: Approved

    The authority for the order was Title 10, USC (United States Code), section 12301(d) since he was assigned as an IMA in the Army Reserve prior to being ordered to active duty and since the active duty commitment was for less than 3 years, he would have remained on the RASL." Title 10, USC, section 14317(e) states that a reserve officer who is not on the ADL and who is ordered to active duty in time of war or national emergency may, if eligible, be considered for promotion by a mandatory...

  • ARMY | BCMR | CY2004 | 20040011013C070208

    Original file (20040011013C070208.doc) Auto-classification: Denied

    The applicant claims she has only one official military record, which would be viewed for promotion by either a RC or ADL promotion selection board, and she feels if she is qualified and selected for promotion to LTC by the RC, she should also be qualified to be promoted on the ADL. She also questions how the same military record used to select her for promotion to LTC in the RC does not result in her being qualified and selected for promotion on active duty. Paragraph 1-35 of the officer...

  • ARMY | BCMR | CY2005 | 20050016259C070206

    Original file (20050016259C070206.doc) Auto-classification: Denied

    The applicant initially requested, in effect, that his records be corrected to show he remained on the Reserve Active Status List (RASL) when he was ordered to active duty on 1 May 2002; and that he be considered for promotion to lieutenant colonel (LTC) by a Special Selection Board under Reserve Component Selection Board (RCSB) criteria. The applicant's contention that he should have been retained on the RASL at the time he was ordered to active duty under the provisions of 10 USC...

  • ARMY | BCMR | CY2012 | 20120022351

    Original file (20120022351.txt) Auto-classification: Denied

    He states he was selected for promotion to LTC in June 2012 and he was released from active duty (REFRAD) on 1 August 2012. Although the applicant was selected for promotion prior to his REFRAD from the AGR Program, the board was not approved until after his REFRAD, resulting in the applicant being a promotable LTC on the RASL. Evidence of record shows that on 30 January 2012 the applicant was notified by memorandum that the Secretary of the Army approved the SELCON Board recommendation...

  • ARMY | BCMR | CY2012 | 20120006023

    Original file (20120006023.txt) Auto-classification: Denied

    The applicant states, in effect, that he was selected for promotion to the rank of colonel by the Fiscal Year 2009 Colonel Reserve Component (RC) Selection Board. In March 2010, the HRC initiated action to remove the applicant from the promotion selection list based on the fact that he was on the ADL since 2007 and was erroneously considered by the FY2009 Colonel Army Promotion Selection Board when he was not on the Reserve Active Status List (RASL). Title 10, U.S. Code, section 14004...

  • ARMY | BCMR | CY2008 | 20080000898

    Original file (20080000898.txt) Auto-classification: Approved

    Counsel states that there has been some confusion over Reserve Soldiers serving on active duty, as to whether or not they would be considered by active or reserve component promotion boards. The advisory opinion further states the applicant was not eligible for promotion to LTC by the DA Reserve Competitive Category Selection Board because he was ordered to active duty on 15 July 2001 and was not a reserve asset at the convening date of the board. Notwithstanding the fact that the...

  • ARMY | BCMR | CY2004 | 2004103311C070208

    Original file (2004103311C070208.doc) Auto-classification: Denied

    The applicant provides a Department of the Army, memorandum, dated 31 May 2000; an INARNG letter of recommendation for promotion; a DA Form 3349 (Physical Profile), dated 23 April 2001; a letter to a United States Senator, dated 1 July 2002; a letter of timeline of events, dated 15 November 2003; a copy of National Guard Bureau Federal Recognition Orders Number 55 AR, dated 4 March 2003; and two email messages. There is no evidence in the available records that show the applicant was...

  • ARMY | BCMR | CY2009 | 20090012264

    Original file (20090012264.txt) Auto-classification: Denied

    The applicant states, in effect, her promotion orders to LTC, dated 20 May 2008, were revoked because she had transitioned to active duty (AD). Title 10, U.S. Code, section 14317(e) specifies that USAR officers ordered to active duty in time of war or national emergency, may, if eligible, be considered for promotion by a mandatory promotion board convened under section 14101(a) (convene a promotion board to recommend for promotion officers on the RASL) for not more than 2 years from the...

  • ARMY | BCMR | CY2013 | 20130011880

    Original file (20130011880.txt) Auto-classification: Denied

    On 19 June 2006, he petitioned this Board for correction of his record to show he was promoted to MAJ. On 30 November 2006, the Board granted him relief in that it ordered his records submitted to a duly-constituted SSB for promotion consideration to MAJ under the 1994 and 1995 criteria and if selected to promote him to the grade of MAJ, if otherwise qualified. c. While serving with the USAR, the applicant was promoted to MAJ, effective 1 April 1994. It is reasonable to presume the...

  • ARMY | BCMR | CY2002 | 2002075956C070403

    Original file (2002075956C070403.rtf) Auto-classification: Approved

    The effective date of promotion and DOR shall be the same as if the officer had been selected to the grade concerned by the promotion board for RASL officers. The effective date of promotion and DOR shall be the same as if the officer had been selected to the grade concerned by the promotion board for RASL officers. The evidence of record confirms that the applicant was selected for promotion to CPT by an active duty Promotion Board and placed on the active duty Promotion Standing List...