RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  4 December 2007
	DOCKET NUMBER:  AR20070015175 


	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.  


Ms. Catherine C. Mitrano

Director

Mr. Mohammed R. Elhaj

Analyst


The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Eloise C. Prendergast

Member

Mr. James R. Hastie

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 service credit and payment of all pay and allowances from the date of his discharge from active duty on 7 November 2006 [sic] to the date he was recalled to active duty, 19 March 2007.

2.  The applicant states that, as a U.S. Army Reserve (USAR) officer on active duty, he applied through his chain of command to the G-1, U.S. Army Special Operations Command (USASOC) for an extension of his Contingency Operation Temporary Tour of Active Duty (COTTAD) in early October 2006 and was assured he would receive the extension, but he was discharged on 7 November 2006 [sic].  He further adds that on 20 October 2006, he discovered he had cancer.  He underwent surgery on 28 November 2006 and radiation and chemotherapy in January 2007.  He further adds that on 8 December 2006, he received a voice mail from his supervisor and the USASOC G-1 telling him he would receive the requested extension, but he never did.  In April 2007, he was recalled to active duty to participate in the USAR Medical Retention Processing (MRP2) Program.  He concludes that his inadvertent discharge cost him six months of active duty time and lost wages.

3.  The applicant provides in support of his application a copy of his Hospital Admittance Final Report, dated 13 December 2006; a copy of his Hospital Transcribed Discharge Summary Final Report, dated 30 November 2006; and a copy of Orders A-04-710174, dated 18 April 2007, recalling him to active duty.  On 11 November 2007, he provided a separate, locally-produced summary document summarizing his request for the extension.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a prior enlisted Soldier, is a USAR colonel (COL) who was commissioned as a medical officer in September 1987.  The applicant is uniquely qualified:  He was a Special Forces Medical Sergeant and has had extensive content experience because of his medical training (Medical Degree, Flight Surgeon, Dual Board-certified in Anesthesiology and Critical Care Medicine).  He was also responsible for training all Special Operations Combat Medics and Special Forces Medical Sergeants.  

2.  On 5 November 2003, U.S. Army Human Resources Command, St. Louis, Missouri, published Orders Number M-11-302722, ordering the applicant to active duty under 10 USC Section 12302, in support of Operation Enduring Freedom.  He was ordered to report to the 3rd Special Forces Group, U.S. Army John F. Kennedy Special Warfare Center and School (USAJFKSWCS), Fort Bragg, North Carolina, effective 8 November 2003 for a period of 365 days.  His report date was later amended to show 9 November 2003 and his period of active duty was also amended to show 730 day instead of 365 days with 7 November 2005 as his projected date of release from active duty (REFRAD).

3.  On 8 November 2005, by memorandum submitted through the USAJFCSWCS, Fort Bragg, North Carolina, the applicant requested a voluntary tour of active duty for 365 days under the conditions of COTTAD in accordance with chapter 3 of Army Regulation 135-210.

4.  On 9 December 2005, U.S. Army Human Resources Command, Alexandria, Virginia, published Orders Number A-12-525700, ordering the applicant to active duty under 10 USC 12301(D) and 12314, (voluntary) in support of Operation Noble Eagle.  He was ordered to report to the USAJFKSWCS, Fort Bragg, North Carolina, effective 8 November 2005, for a period of 365 days with 7 November 2006 as his REFRAD date. 

5.  On 2 October 2006, the applicant requested a 90 day extension of his COTTAD tour.  At the time of his request, he had been re-writing and modernizing the anesthesia curriculum of the Special Forces Medical Sergeant course and the Special Operations Independent Duty Corpsman course. The 90-day extension would have enabled the applicant to finish his curriculum development assignment, permitted him to attend the course symposium in December 2006, and given him time to out-process and take accrued leave prior to REFRAD.

6.  On 13 November 2006, the University of North Carolina Hospitals, Chapel Hill, North Carolina, issued a final consult report indicating that the applicant consulted with a civilian physician for advice and possible treatment of his recurrent squamous cell carcinoma of the left base of the tongue.  

7.  On 19 November 2006, the applicant’s request for a 90-day extension was disapproved due to lack of nexus to the Global War on Terrorism (GWOT) and potential violation of statutes. The duties in the justification had no connection to the GWOT and reflected normal peacetime duties of an instructor.

8.  On 28 November 2006, the applicant was admitted to the University of North Carolina Hospitals, Chapel Hill, North Carolina, where he underwent an endoscope laser resection of the left base of the tongue with ultimately clear margins and left revision neck dissection and total parotidectomy.  He was discharged on 30 November 2006.

9.  On 8 December 2006, the Deputy Chief of Staff, G-3, Special Operations Command, Fort Bragg, North Carolina, submitted a second request for a 90-day extension of the applicant’s COTTAD tour. The request was submitted to allow the applicant sufficient time to out-process and take accrued leave prior to REFRAD.  The applicant had 74 days of accrued leave remaining as of 7 November 2006, the release date under his current COTTAD Orders. The 90-day extension would have given him sufficient time to out-process and take accrued leave.

10.  By memorandum, dated 8 December 2006, U.S. Army Human Resources Command, Alexandria, Virginia, disapproved the applicant’s request for a 90-day extension.  The memorandum stated that the practice of extending a Soldier’s tour on active duty was intended for Soldiers mobilized Outside Continental United States (OCONUS) to theater supporting the war fight.  Soldiers mobilized from Continental United States (CONUS) or OCONUS, other than theater, are not eligible and will be required to sell their leave unless there was a strong justification as to why the applicant did not take leave.  A new release date was established as 15 December 2005 for the purpose of administrative out-processing.  

11.  The applicant was released from active duty on 15 December 2006 (not 7 November 2006 as he contends).  The DD Form 214 he was issued shows he was honorably released from active duty in accordance with paragraph 2-25a of Army Regulation 635-200 (Personnel Separations) for completion of required active service.  The applicant was not available to sign his DD Form 214.

12.  On 18 April 2007, U.S. Army Human Resources Command, Alexandria, Virginia, published Orders Number A-04-710174, ordering the applicant to active duty under 10 USC Section 12301.  He was ordered to report to A Company, Medical Retention, Fort Bragg, North Carolina, effective 9 April 2007 for a period of 5 months and 26 days, with 4 October 2007 as his projected REFRAD date, to participate in the USAR medical holdover medical retention processing (MRP) program for completion of medical care and treatment.

13.  On 3 May 2007, U.S. Army Human Resources Command, Alexandria, Virginia, published Orders Number A-04-710174A01, amending Orders Number A-04-710174, to show the report date as 19 March 2007 and the end date as 13 September 2007. 

14.  Army Regulation 135-210 (Order to Active Duty as Individuals for Other Than a Presidential Selected Reserve Call-up, Partial or Full Mobilization) prescribes policies, responsibilities, and procedures for ordering individual Soldiers of the Army National Guard of the United States (ARNGUS) and the U.S. Army Reserve (USAR) to active duty (AD) for other than a Presidential selected Reserve call–up, partial or full mobilization.  Chapter 3 of this regulation describes temporary tours of active duty (TTAD).  It states in pertinent part that TTAD is authorized for support of an active force mission of the Active Army, a Unified or Specified Command, Office of the Joint Chiefs of Staff (OJCS), or Office Secretary of Defense (OSD); use by the U.S. Corps of Engineers (USACE) in a disaster or emergency operation on a reimbursable basis; support of a contingency operation (including support of an Active Army contingency operation assigned to the Reserve components under current mobilization and/or operational plans.); and operational missions.  The TTAD is not be used as a career accession program; to accomplish reserve force peacetime missions, support, or special projects; for staff augmentation; for normal mission accomplishment; to evade manpower ceilings; to temporarily fill a vacant approved position; for a task or mission within peacetime duties of a military or civilian position; as a mode of training to include professional development training. 

15.  Paragraph 3-15 of Army Regulation 135-210 describes Temporary Tour of Active Duty in Support of Contingency Operations.  TTAD in support of contingency operations is voluntary only. TTAD may be used to order Reserve of the Army Soldiers to AD for a contingency operation of the Active Army, OSD, OICS, or Joint Command when the mission requires specialized experience or knowledge which they possess and which is unavailable in the Active Army. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was discharged on 7 November 2006.  He contends that he should be given active duty credit from 7 November 2006 to 19 March 2007, when he was recalled for MRP purposes.  In reality, the applicant was REFRAD on 15 December 2006.  His request is, in effect, to void his 15 December 2006 REFRAD and continue him on active duty, with all pay and allowances uninterrupted through to his recall on 19 March 2007.

2.  Evidence of record shows that the applicant's REFRAD date was initially established as 7 November 2006.  On 2 October 2006, the applicant requested a 90-day extension.  His request was endorsed by his chain of command on 27 October 2006 and forwarded to the Deputy Chief of Staff, G-3, Pentagon, Virginia.  However, the duties in the justification had no connection to the GWOT mission and reflected normal peacetime duties as an instructor at the USAJFCSWCS.  Accordingly, his request was disapproved.
3.  Evidence of record further shows that the applicant resubmitted his request for a 90-day extension on 8 December 2006 to expend accrued leave.  He was found ineligible and was notified through his chain that his request was disapproved again.  He was therefore released from active duty and assigned to the U.S. Army Reserve Control Group on 15 December 2006.  

4.  There is no evidence that the applicant was ordered to active duty or performed any active duty during the period 16 December 2006 to 18 March 2007.  Therefore, he is not entitled to service credit or payment of wages during this period. 

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__lds___  __ecp___  __jrh___  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.



							Linda D. Simmons
______________________
          CHAIRPERSON


INDEX

CASE ID
AR20070015175
SUFFIX

RECON

DATE BOARDED
20071204
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
135.0000
2.
128.0000
3.

4.

5.

6.