IN THE CASE OF:	  

		BOARD DATE:	  19 March 2009

		DOCKET NUMBER:  AR20080014837 


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, correction of his record to show he remained on the Reserve Active Status List (RASL) from 4 May to 12 June 2007, and reconsideration for promotion to major (MAJ) by a Special Selection Board (SSB).

2.  The applicant states, in effect, that he sent in his AHRC Form 4145 (Election of Options-Military Service Obligation (MSO) within the time prescribed electing to remain a member of the Individual Ready Reserve (IRR).  However, during this period he was transitioning to Arkansas from Indiana following his father’s death.  He also claims that during this period, he also requested to proceed with his mobilization to Fort Huachuca and was provided documentation to renew his physical.

3.  The applicant provides the following documents in support of his application:  Certificate of Death; Army Human Resources Command (AHRC)-St Louis, Orders Number C-05-712591, dated 4 May 2007; AHRC-St. Louis, Orders Number C-06-718608, dated 12 June 2007; DD Form 2808 (Report of Medical Examination); Calibration Test Results; DD Form 2807-1 (Report of Medical History); Documents titled “Patient Information” “ViroMed Laboratories, Inc,” and “FED_HEAL”; Standard Form 507 (Medical Record); and an AHRC-St. Louis memorandum, dated 1 August 2008.




CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show he was appointed a Reserve commissioned officer, in the rank of second lieutenant, in the Field Artillery Branch on 15 August 1998.

2.  On 28 March 2000, he was promoted to first lieutenant (1LT) and on 31 March 2002, he was promoted to captain (CPT).  

3.  The applicant’s Official Military Personnel File (OMPF) contains an AHRC Form 4145, dated 19 March 2007, which indicates this was the applicant’s second notice.  This document shows the applicant elected to remain a member of the IRR on 19 April 2007.

4.  On 4 May 2007, the AHRC-St. Louis issued Orders Number C-05-712591, which released the applicant from the United States Army Reserve (USAR) Control Group (Reinforcement) and assigned him to the Standby Reserve (Inactive List) on 4 May 2007, as a result of his failure to make an MSO election.

5.  On 12 June 2007, AHRC-St. Louis issued Orders Number C-06-718608, which directed the applicant’s voluntary release from the Standby Reserve (Inactive List) and placement in the USAR Control Group (Reinforcement) on 
12 June 2007.

6.  The applicant provides a copy of his late father’s death certificate, which confirms his father expired on 6 March 2007.

7.  The applicant provides an AHRC-St. Louis memorandum, dated 1 August 2008, which shows the applicant’s board file did not go before the 2008 MAJ Reserve Component Promotion Board (RCSB) because his name had fallen off the RASL.  It also provided that an officer must have been on the RASL for a period of 1 year prior to the convening date of the board to be considered for promotion.

8.  During the processing of this case an advisory opinion was obtained from the Chief, Special Actions Branch, Department of the Army (DA) Promotions, 
AHRC-St. Louis.  This official confirms the applicant was transferred to the Standby Reserve when he failed to respond to two MSO letters within the 
45 days allotted and as a result, he was ineligible for promotion consideration due to his inactive time.  He indicates that the second letter was signed and returned by the applicant and that he was accordingly transferred back to the IRR on 12 June 2007.  He also indicates that a few weeks prior to the applicant’s first notice, his father passed away and as a result the applicant was in the midst of moving to take care of all the arrangements and affairs.  He finally recommended special consideration be given to revoking the orders placing the applicant on the Standby Reserve (Inactive List) to make him eligible for an SSB under the 2008 criteria for MAJ due to the extenuating circumstances in this case.  On
30 January 2009, the applicant concurred with this advisory opinion. 

9.  Army Regulation 135-155 specifies that promotion reconsideration by an SSB is authorized when it is determined the member was erroneously not considered for promotion and/or when a material error existed in the record at the time of consideration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his record should be corrected to show he was in the IRR and on the RASL during the period he was dropped between 4 May and 12 June 2007 and that his record should be placed before an SSB for promotion consideration to MAJ has been carefully considered and found to have merit. 

2.  The evidence of record confirms the applicant was reassigned to the Standby Reserve (Inactive List) as a result of not submitting his MSO in a timely manner on 4 May 2007.  However, his record does contain an MSO election statement, dated 19 April 2007, which resulted in his transfer back to the IRR, and the available evidence confirms he was dealing with matters related to the death of his father during this timeframe.  

3.  In view of the facts of this case, it would be appropriate to correct the applicant's record by voiding his transfer to the Standby Reserve on 4 May 2007, and to show he remained in the IRR and on the RASL during the period in question.  Further, it would also be appropriate to place his record before an SSB for promotion consideration for MAJ under the 2008 MAJ RCSB criteria.  

BOARD VOTE:

____x___  ___x____  ___x____  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:

      a.  voiding Army Human Resources Command, St. Louis Orders Number C-05-712591, dated 4 May 2007, and C-06-718608 dated 12 June 2007;
      
      b.  placing his corrected record before a duly constituted SSB for promotion reconsideration to major under the 2008 MAJ RCSB criteria; and
      
      c.  promoting him to the next higher grade on his date of eligibility provided he was otherwise qualified and met all other prerequisites for promotion; or
      
      d.  if not selected for promotion by the SSB, that he be so notified.




      _______ _  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)                                         AR20080014837



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ABCMR Record of Proceedings (cont)                                         AR20080014837



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