RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 16 December 2004
DOCKET NUMBER: AR2004106975
I certify that hereinafter is recorded the true and complete record
of the proceedings 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:
| |Ms. Yolanda Maldonado | |Chairperson |
| |Ms. Maribeth Love | |Member |
| |Mr. Ronald J. Weaver | |Member |
The Board considered the following evidence:
Exhibit A - Application for correction of military records.
Exhibit B - Military Personnel Records (including advisory opinion,
if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his transfer to the Retired Reserve be
changed to a transfer to the Individual Ready Reserve (IRR).
2. The applicant states that he requested transfer to the IRR but they
transferred him to the Retired Reserve. He would like to continue serving
his country and is on the retiree recall list. He has 30 years of nursing
experience with emphasis in the surgical field, is in excellent health, and
is under 60 years of age.
3. The applicant provides a biographical summary; a resume; a DA Form 705
(Army Physical Fitness Test Scorecard); a DD Form 2807-1 (Report of Medical
History), dated 4 March 2004; a DD Form 2808 (Report of Medical
Examination), undated; an Army National Guard (ARNG) Retirement Points
History Statement; and an officer evaluation report for the period ending
31 May 1999.
CONSIDERATION OF EVIDENCE:
1. The applicant was born on 27 December 1946. After having had prior
enlisted service in the U. S. Marine Corps and U. S. Marine Corps Reserve,
he was appointed a second lieutenant in the Air National Guard on 27 July
1974. He thereafter had service in the U. S. Air Force Reserve, ARNG, and
the U. S. Army Reserve, and entered the ARNG again on 27 August 1988 in the
Army Nurse Corps. He was promoted to lieutenant colonel on 9 November
1991.
2. On 4 June 2002, the applicant requested a 2-year extension of his
mandatory removal date (MRD). On 23 July 2002, his request was denied.
The Texas ARNG noted that he was not assigned to an authorized paragraph
and line number with the appropriate area of concentration and grade for
the position and that there were no vacancies available. The Texas ARNG
also noted that, as a lieutenant colonel in the Army Nurse Corps he did not
meet the criteria for the ARNG over grade policy.
3. On 30 July 2002, the applicant was separated from the ARNG and
transferred to the Retired Reserve upon the completion of 28 years of
commissioned service.
4. Title 10, U. S. Code, section 14507(a) states that lieutenant colonels,
unless authorized continuation or retention under certain other provisions
of Title 10, will be removed from the Reserve active-status list on the
first day of the month after the month in which the officer completes 28
years of commissioned service.
5. Army Regulation 140-10 (Assignments, Attachments, Details, and
Transfers), paragraph 7-1 states that Soldiers removed from an active
status will generally be discharged or transferred to the Retired Reserve.
DISCUSSION AND CONCLUSIONS:
An MRD is established by law. When the applicant completed his 28th year
of commissioned service, he was required to be removed from the Reserve
active-status list. That point occurred for the applicant in July 2002.
His desire to continue to serve the Army in the IRR is commendable and he
may yet be recalled to active duty; however, his only options at his MRD
were transfer to the Retired Reserve or discharge. By law, he is not
eligible for transfer to the IRR.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__ym____ __ml____ __rjw___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable
error or injustice. Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.
__Yolanda Maldonado___
CHAIRPERSON
INDEX
|CASE ID |AR2004106975 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20041216 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. |135.03 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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