RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 29 March 2007
DOCKET NUMBER: AR20060008823
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.
Acting Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 mandatory removal date (MRD) be corrected to reflect his actual date of commissioning as an officer.
2. The applicant essentially states that his MRD should be corrected to reflect his actual date of commissioning, and states that the date of his commissioning was 16 December 1988. He also states, in effect, that his current MRD reflects his time as a Reserve Officers Training Corps (ROTC) cadet.
3. The applicant provides his DA Form 597 (Army Senior ROTC Student Contract) and orders reassigning him to the United States Army Reserve (USAR) Control Group (Annual Training) on 16 December 1988 in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant stated that his current MRD reflects his time as an ROTC cadet; however, it does not appear that his ROTC time was used in his MRD calculation.
2. The applicant also stated, in pertinent part, that his actual date of commissioning was 16 December 1988. However, the applicants DA Form 71 (Oath of Office Military Personnel) and his original letter of appointment both clearly show that he was originally commissioned in the USAR on 8 December 1988.
3. During the processing of this case, and advisory opinion was obtained from the National Guard Affairs Office, United States Army Reserve Personnel Command, St. Louis, Missouri. That office recommended no change to the applicants MRD at this time. The advisory opinion also stated that the applicants MRD is established at 28 years from the date of his commissioning, not 30 years as the applicant has indicated. This advisory opinion also essentially noted that if the applicant obtains the rank of colonel, he will be allowed an additional 2 years, making his MRD 30 years from the date of his commissioning.
4. A copy of the advisory opinion was forwarded to the applicant for rebuttal or comment, and provided 30 days to provide a response. The applicant failed to respond with the time permitted.
5. Believing that the applicant had not clearly articulated the issues in his application, the analyst for this case contacted the applicant on 6 March 2007. The applicant clarified that he is looking for his current MRD of 1 January 2017 to be adjusted for the break in service he had from his discharge on 3 October 2002, in which all of his officer appointments were terminated, until he was commissioned in the Tennessee Army National Guard on 16 February 2005.
6. The applicants official military personnel file contains a separation order, dated 9 October 2002, which discharged the applicant from the USAR on
3 October 2002. This order also stated, in pertinent part, that all of the applicants Reserve of the Army and Army of the United States appointments were terminated on that date.
7. On 16 February 2005, the applicant was commissioned in the rank of captain in the Tennessee Army National Guard. He has been a member of the Army National Guard to this date.
8. The officer did not have an affiliation with the Armed Forces of the United States from 4 October 2002 through 15 February 2005. Basic office computation translates that into a break in service of 2 years, 4 months, and 12 days.
9. Using the MRD calculator found on the United States Army Human Resources Command, St. Louis, Missouri website, the applicants rank, date of birth, original appointment date, and the length of his break in service in years, months, and days were entered. From that, it was determined that his MRD, taking his break in service into account, should be 1 January 2019. The reason for his MRD is that he will have surpassed 28 years of service on that date. If the applicant attains the rank of colonel before his MRD, it will then move to
1 January 2021, as he would then have surpassed 30 years of service on that date.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his MRD should be corrected.
2. Evidence of record shows that the applicant was originally appointed on
8 December 1988, but that he was discharged, and had all of this officer appointments terminated on 3 October 2002. The officer had a break in service of 2 years, 4 months, and 12 days, and his current MRD has not been adjusted to account for his break in service. Therefore, he is entitled to correction of his military records to show that his new MRD is 1 January 2019. If the applicant is
promoted to colonel prior to his new MRD, his MRD will be adjusted again to
1 January 2021.
BOARD VOTE:
__LE____ __LB ___ ___MF __ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adjusting his current MRD from 1 January 2017 to 1 January 2019.
______Lester Echols________
CHAIRPERSON
INDEX
CASE ID
AR20060008823
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20070329
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
GRANT
REVIEW AUTHORITY
AR 15-185
ISSUES 1.
100.0000.0000
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3.
4.
5.
6.
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