Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080014036
Original file (20080014036.txt) Auto-classification: Approved

		IN THE CASE OF:	

		BOARD DATE:	  17 September 2008

		DOCKET NUMBER:  AR20080014036 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his record be corrected in a manner that would lift the age barrier to his being commissioned in the United States (U.S.) Army.   

2.  The applicant states, in effect, he turned 42 while attending the Officer Candidate School (OCS), and is now facing elimination due to legal technicalities that require his elimination from the program due to age.  He states that he was accepted into the program and given every expectation that he would receive a commission in the Regular Army (RA) if he successfully completed the course.  

3.  The applicant provides no additional documentary evidence in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's Official Military Personnel File (OMPF) contains an enlistment contract (DD Form 4/3) that shows on 19 March 2008, the applicant enlisted in the RA for three years in the grade of E-4.  

2.  The DD Form 1966 (Record of Military Processing-Armed Forces of the United States) completed on the applicant during his enlistment processing lists his date of birth as 11 May 1966.  This document was certified by the recruiting guidance counselor on 12 February 2008.  

3.  The Statement of Enlistment (DA Form 3286) completed on the applicant during his enlistment process and identified as Annex B confirms he enlisted for Program 9D (U.S. Army Officer/Warrant Officer Enlistment Program) in military occupational specialty (MOS) 09S (Commissioned Officer Candidate) with guaranteed OCS training.  This document was authenticated with the signatures of both the applicant and the recruiting guidance counselor on 19 March 2008.  

4.  During the processing of this case, an advisory opinion was obtained from the Department of the Army (DA) Deputy Chief of Staff, G-1, Chief, Officer Division.  This official states, in pertinent part, that the applicant was recruited for the OCS program and began the process in good faith.  He confirms the applicant completed all the milestones that the Army asked him to complete.  He further states that it can only be concluded that the applicant was the victim of an OCS selection process that failed to allow enough backwards planning to mitigate the unintended delays in the process with enough flexibility for error to allow the applicant to complete training prior to his 42nd birthday.  He further states that another  error source is the misinterpretation of the eligibility criteria listed in Military Personnel (MILPER) message 07-226, which states, in pertinent part, that Soldiers may apply for OCS training up to age 42.  He indicates that an applicant that applies at age 42 is already too old to complete OCS requirements for a RA commission.  He confirms a correction to this MILPER message was released, but not soon enough to prevent the applicant from training at OCS.  He finally recommends that the applicant be allowed to be commissioned a second lieutenant (2LT) in the RA with an option to retire from the military with 20 years of active commissioned service if he meets all other criteria.  

5.  Title 10 of the United States Code, Section 532 (Qualifications for original appointment as a commissioned officer) provides the statutory requirements for original appointments as a commissioned officer.  It states, in pertinent part, that in order to qualify for an original commissioned officer appointment, a member must be able to complete 20 years of active commissioned officer service before his/her sixty-second birthday.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request that his record be corrected in order to allow him to complete 20 years of active commissioned officer service before his/her
sixty-second birthday has been carefully considered and found to have merit.  By law, in order to qualify for an original commissioned officer appointment, a member must be able to complete 20 years of commissioned officer service prior to reaching his/her sixty-second birthday. 


2.  In this case, the evidence of record confirms that although he properly presented his date of birth of 11 May 1966, as evidenced by enlistment processing documents on file in the OMPF, the applicant was accepted for enlistment as an officer candidate and for OCS training by recruiting officials; and on 19 March 2008, in good faith, he enlisted in the RA in accordance with the terms of this contract with the expectation and promise that if he successfully completed OCS he would be commissioned a 2LT in the RA.  

3.  In view of the facts of this case, the Army has a moral obligation to satisfy the terms of this contract within the existing law as a matter of equity and justice.  As a result, it would be appropriate to correct his record to show he was commissioned/appointed a 2LT in the RA on 10 May 2008, the day prior to his forty-second birthday, which will ensure he has the opportunity to complete 
20 years of commissioned officer active duty service prior to his sixty-second birthday.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x____  ___x____  ___x____  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 showing the applicant was appointed a second lieutenant in the Regular Army on 10 May 2008.  




      _______ _   x_______   ___
       	   CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080014036



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014036


2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080014032

    Original file (20080014032.txt) Auto-classification: Approved

    This G-1 official also states that an applicant that applies at age 42 is already too old to complete OCS requirements for a RA commission. In this case, the evidence of record confirms that although his record properly identified his date of birth of 12 March 1966, the applicant was recruited and accepted for attendance to the OCS program. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the applicant was...

  • ARMY | BCMR | CY2008 | 20080014553

    Original file (20080014553.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). He states another error source is the misinterpretation of the eligibility criteria listed in Military Personnel (MILPER) message 07-226, which states, in pertinent part, that Soldiers may apply for OCS training up to age 42 instead of Soldiers must complete OCS training prior to age 42. The evidence shows that although the applicant was selected for and entered OCS, his age disqualification was...

  • ARMY | BCMR | CY2008 | 20080014551

    Original file (20080014551.txt) Auto-classification: Denied

    He states another error source is the misinterpretation of the eligibility criteria listed in Military Personnel (MILPER) message 07-226, which states, in pertinent part, that Soldiers may apply for OCS training up to age 42 instead of Soldiers must complete OCS training prior to age 42. He concludes by stating that he believes the applicant should be allowed to complete OCS and the requirements for an RA commission. The evidence shows that although the applicant was selected for OCS, his...

  • ARMY | BCMR | CY2008 | 20080014554

    Original file (20080014554.txt) Auto-classification: Denied

    IN THE CASE OF: BOARD DATE: 30 September 2008 DOCKET NUMBER: AR20080014554 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. This official states, in pertinent part, that the applicant applied for OCS in good faith, was honest about his age, and concluded the Army had granted him permission to begin OCS despite his age. The evidence shows that although the applicant was selected for OCS, his age disqualification was discovered prior to his entry into the course and he was not allowed to...

  • ARMY | BCMR | CY2009 | 20090001987

    Original file (20090001987.txt) Auto-classification: Denied

    The applicant states, in effect, that he had been accepted to attend OCS and given OCS class dates; however, when he reported to the class, he was told he had been dropped from the school because he would be over 42 at the time of his commissioning. The evidence shows that although the applicant was selected for OCS and scheduled to attend OCS from 11 January through 2 April 2009, his age disqualification was discovered prior to his entry into the course and he was not allowed to begin...

  • ARMY | BCMR | CY2011 | 20110014072

    Original file (20110014072.txt) Auto-classification: Denied

    The applicant requests, in effect, correction of his record to show he: * enlisted for direct accession as a commissioned officer * was awarded constructive service credit for the master's degree he earned at the University of Colorado * was initially appointed in the rank/grade of first lieutenant (1LT)/O-2 2. He also noted that had the applicant applied for a direct appointment based upon his degree from the University of Colorado, he may have tentatively qualified to board for a direct...

  • ARMY | BCMR | CY2001 | 2001053276C070420

    Original file (2001053276C070420.rtf) Auto-classification: Approved

    On 3 January 2001, a lieutenant colonel (LTC) security manager for the TXARNG, recommended in a memorandum to the United States Army Reserve Personnel Command (ARPERSCOM), that any of the applicant’s requests that were based on his failure to obtain a security clearance in a timely manner be granted and that the applicant’s appointment date be reestablished as 12 September 1998. Therefore, the Board concludes that the applicant was unfairly denied the opportunity to be commissioned with his...

  • ARMY | BCMR | CY2009 | 20090010292

    Original file (20090010292.txt) Auto-classification: Approved

    The applicant's records further show he enlisted in the Regular Army for a period of 3 years in the rank/grade of specialist/E-4 on 29 June 2005. He subsequently completed OCS at Fort Benning, GA, from 29 June 2005 to 14 December 2005 and was honorably discharged on 14 December 2005 for the purpose of accepting a commission in the Army. The applicant enlisted on 10 May 2005 under an enlistment program that became effective on 11 April 2005; he enlisted in the Regular Army under the OCS...

  • ARMY | BCMR | CY2014 | 20140012048

    Original file (20140012048.txt) Auto-classification: Approved

    Officers who are Federally recognized in a particular grade and branch shall be tendered an appointment in the same grade as Reserve commissioned officers of the Army with assignment to the ARNG of the United States if they have not already accepted such appointment. d. Paragraph 10-15b states temporary FEDREC may be granted by an Federal Recognition Board (FREB) to those eligible when the board finds that the member has successfully passed the examination prescribed herein, has subscribed...

  • ARMY | BCMR | CY2014 | 20140011068

    Original file (20140011068.txt) Auto-classification: Approved

    The applicant's enlistment and subsequent appointment as a commissioned officer in the RA serves the same purpose as it would have had he been ordered to active duty in the U.S. Army. Therefore, as a matter of equity, it would be appropriate to consider his enlistment in the RA to have met the active duty obligation required by his ROTC scholarship contract. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his...