Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080014551
Original file (20080014551.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080014551 


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 years of age prior to attending Officer Candidate School (OCS).  He states that he applied for OCS when he was 41 years of age.  He claims he was accepted into the program and was given every expectation that he would be allowed to participate and receive a Regular Army (RA) commission if he successfully completed the course; however, he was not allowed to start the course beginning on 4 August 2008 due to his age.   

3.  The applicant provides a self-authored statement and a Deputy Chief of Staff, G-1, Memorandum, dated 18 September 2008, in support of his application.  

CONSIDERATION OF EVIDENCE:

1.  The applicant's record confirms his date of birth is 19 December 1965.  It further shows that in September 2007, after serving on active duty in an enlisted status for almost 10 years and attaining the rank of staff sergeant (SSG), the applicant was selected to attend OCS.  

2.  The applicant was scheduled to attend the OCS class beginning on 4 August 2008.  Upon reporting to OCS, the applicant's age disqualification was discovered and he was not allowed to begin OCS training.  
3.  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 applied for OCS in good faith, and promptly followed the guidance provided to him as it was communicated.  He states it can only be concluded that the applicant was a victim of the OCS selection process that did not note his age limitation until after he had exuded a significant amount of personal time, expense, sacrifice and effort on his family.  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.  He indicates that a correction to the MILPER message was released but not soon enough to prevent the applicant from being approved for OCS.  

4.  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
sixty-second birthday has been carefully considered.  However, there is an insufficient evidentiary basis to support granting the requested relief.

2.  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 sixty-second birthday.  

3.  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 begin training, and never in fact completed the required OCS training necessary for commissioning.  Given the applicant was over 42 years of age prior to his scheduled OCS class and the age disqualification was discovered before he completed training, there does not appear to be a compelling basis, in light of the governing law, to grant equitable relief in this case. 

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x ____  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.




      _______ _ 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)                                         AR20080014551



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080014551



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • 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 | 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 | 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 | 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 | 20080014036

    Original file (20080014036.txt) Auto-classification: Approved

    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. 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. ...

  • ARMY | BCMR | CY2012 | 20120001276

    Original file (20120001276.txt) Auto-classification: Denied

    Prior to attendance, the applicant requested deferment due to an injury. d. On 17 October 2011, the applicant contacted RAAB to request a new class date. He provided copies of: * Request for Orders, dated 16 February 2012 pertaining to his training at Camp Shelby * A list of his travel vouchers in the Defense Travel System for the period 2008 to 2012 * Orders 071-003, Fort Gordon, Georgia, dated 12 March 2010 with amendment assigning him to Afghanistan with a report date of 6 May 2010 *...

  • ARMY | BCMR | CY2014 | 20140004719

    Original file (20140004719.txt) Auto-classification: Denied

    Counsel argues that: a. the applicant bore no responsibility for the delay in processing his security clearance. l. being out of state nor transferring would have had any effect on the processing of the security clearance. e. Paragraph 3-1a(4) states that processing applications for appointment and Federal recognition require verification of a security clearance being granted by the U.S. Army Central Personnel Clearance Facility indicating a final personnel security clearance of Secret or higher.

  • ARMY | BCMR | CY2011 | 20110014753

    Original file (20110014753.txt) Auto-classification: Approved

    The applicant requests correction of his military records to show his officer accession bonus (OAB) contract was signed prior to his oaths of office. He took his oaths of office upon completion of OCS on 8 March 2008. The official stated the applicant accepted a commission in the MIARNG on 8 March 2008 into the critical AOC skill of 88D.

  • ARMY | BCMR | CY2012 | 20120014844

    Original file (20120014844.txt) Auto-classification: Denied

    The applicant provides: * a DA Form 2B (Personnel Qualification Record) * a Reserve Status Statement and Election of Options * eleven emails * three memoranda for record * two memoranda * one All Army Activities (ALARACT) message * one military personnel (MILPER) message * a page from the U.S Army Human Resources Command (HRC) Website * a letter of completion request * an application for diploma * a 3-page worksheet CONSIDERATION OF EVIDENCE: 1. He submitted three memoranda, dated 19...

  • ARMY | BCMR | CY2014 | 20140010877

    Original file (20140010877.txt) Auto-classification: Denied

    * Soldiers selected would attend Class 66 which begins in August 2015 * Selected Soldiers must complete a 3-year service obligation upon promotion to SGM * Soldiers must have sufficient remaining service to complete the service obligation by their 32nd year of active service * only NCOs with a maximum of 26 years of active federal service will be otherwise eligible for selection consideration by the board to attend the USASMC * because the maximum age for continued active federal service is...