IN THE CASE OF:	  

		BOARD DATE:	       19 February 2009

		DOCKET NUMBER:  AR20080017751 


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 military records to show that he was discharged on 15 May 1991 as a commissioned officer from the United States Army Reserve.  He further requests that his mandatory removal date (MRD) be adjusted to reflect this discharge and revocation of his "pension points" awarded for the period from 1991 through 1999. 

2.  The applicant states that his MRD should be 1 June 2019.

3.  The applicant provides, in support of his application, his Enlistment Document (DD Form 4), Officer Evaluation Report (DA Form 67-8), Personnel Qualification Record (DA Form 2-1), Army National Guard Current Annual Statement (NGB Form 23A) and his Army National Guard Retirement Points Statement (NGB Form 23A1).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel essentially requests the same relief as stated above by the applicant. 

2.  Counsel states, in effect, that once the applicant had completed his 6 year active Reserve obligation and 2 year stand-by Reserve obligation, he should have been discharged effective 15 May 1991.  However, the United States Army Reserve continued to carry him in the Individual Ready Reserve (IRR) for the period from 1991 through 1999.  This resulted in his having an MRD of 
1 June 2011.  This correction is of vital importance to the applicant because the current MRD will force him out of the military with only 14 creditable years of service in 2011 and with no chance of completing 20 years of creditable service.  This officer has an outstanding record in the New Jersey Army National Guard and is a true asset to the organization.  The applicant is aware that, as a part of this correction, he will also lose the retirement points credited to him between 1991 and 1999.  From 1991 through 1999, the applicant was only awarded the basic 15 points per year because he was not actively participating in the military.  He was unaware that he was being carried on the rolls from 1991 through 1999.

3.  Counsel provides no additional documentation in support of this case.

CONSIDERATION OF EVIDENCE:

1.  At the time of his application, the applicant was a major serving with the New Jersey Army National Guard.

2.  On 15 May 1983, the applicant was appointed for an indefinite term as a Reserve Commissioned Officer of the Army under Title 10, United States Code, sections 591, 593, 2104, 21006, and 2107.  His date of birth is 14 April 1961.

3.  Orders T-08-328204, United States Army Reserve Components, Personnel and Administration Center, dated 31 August 1983, ordered the applicant to active duty for training for the purpose of attending the United States Army Armor School at Fort Knox, Kentucky.

4.  On 1 September 1984, the applicant was assigned for duty as a training officer with C Company, 3rd Battalion, 78th Regiment, 4th Brigade, 78th Division, in Edison, New Jersey.

5.  On 10 July 1985, the applicant was assigned as an Armor officer with the United States Army Reserve Control Group (Annual Training).

6.  On 24 May 1986, the applicant was promoted to first lieutenant, United States Army Reserve.

7.  On 24 January 1987, the applicant was assigned for duty as a training officer with Headquarters and Headquarters Battery, 42nd Field Artillery Battalion, in Bristol, Pennsylvania.

8.  On 26 February 1987, the applicant was reassigned for duty as S-4 (logistics) Officer with Headquarters and Headquarters Detachment, 3rd Battalion, 78th Regiment, 4th Brigade, 78th Division, in Edison, New Jersey.  He was subsequently assigned duty as the training officer.

9.  On 1 March 1989, the applicant was assigned for duty as the training officer with A Company, 3rd Battalion, 78th Regiment, 4th Brigade, 78th Division, in Edison, New Jersey. 

10.  Orders C-05016957, United States Army Reserve Personnel Center, dated 30 May 1991, relieved the applicant from the United States Army Reserve Control Group (Annual Training) and assigned him to the Control Group (Reinforcement), effective 31 May 1991.

11.  On 15 April 1999, the applicant submitted an application for Federal Recognition as an Army National Guard Officer and appointment as a Reserve commissioned officer of the Army National Guard of the United States.  He acknowledged in this application that he was a member of the United States Army Reserve Control Group Annual Training, and that he held the rank of first lieutenant.

12.  On 16 April 1999, the applicant completed his Oaths of Office (NGB Form 337).  Special Orders Number 157, Departments of the Army and the Air Force, Washington, D.C., dated 24 August 1999, transferred him from the United States Army Reserve to the 150th Adjutant General Detachment, in New Jersey.

13. The applicant was promoted to captain, as a Reserve Commissioned Officer of the Army, effective 7 May 2001.  The State of New Jersey subsequently published Orders 082-011, dated 23 March 2001 promoting him to captain in the New Jersey Army National Guard effective 7 May 2001.

14.  The applicant was promoted to major, as a Reserve Commissioned Officer of the Army, effective 19 August 2003.  The State of New Jersey subsequently published Orders 227-001, dated 15 August 2003, promoting him to major in the New Jersey Army National Guard, effective 19 August 2003.

15.  The applicant's Army National Guard Current Annual Statement, dated 10 June 2008, shows that he was awarded 15 membership points for each year from 15 May 1991 through 14 May 1999 [totaling 120 points].  It further shows that between 15 May 1983 and 14 May 2008, he was credited with 11 qualifying years for retirement and had 14 years during which he failed to earn a sufficient number of points to have a qualifying year.   The subject period of service from 15 May 1989 through 14 May 1999 is shown as United States Army Reserve Control Group (Annual Training).



DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be discharged from the United States Army Reserve effective 15 May 1991 because that was the date his military service obligation ended.  He further contends that this error has resulted in his having an MRD of 1 June 2011 which will force him out of the military service prior to completion of 20 qualifying years. 

2.  The evidence of record clearly shows that on 15 May 1983, the applicant was appointed for an indefinite term of service as a Reserve commissioned officer of the Army.  There is no evidence showing that he ever resigned this commission.

3.  The records show that from 18 February 1984 through 15 April 1999, the applicant was in the United States Army Reserve with an annual training status.  He earned active duty points in 1987 and 1988.  During the period from 1989 to 1999, he only earned membership points.

4.  The applicant's Counsel is correct when he argues that the applicant only incurred a military service obligation of 8 years as a commissioned officer.  However, this refers only to his active service obligation and does not address the fact that he continued to hold a commission as a Reserve of the Army for an indefinite term.

5.  The applicant acknowledged in 1999, at the time of his application for appointment in the New Jersey Army National Guard, that his United States Army Reserve status was for "annual training."  Therefore, it reasonable to presume that he knew what his Reserve status was during the period in question and that he was still under an obligation.

6.  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 the aforementioned requirement.

7.  In view of the above, the applicant's request should be denied.



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)                                         AR20080017751





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ABCMR Record of Proceedings (cont)                                         AR20080017751



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