BOARD DATE: 25 August 2009
DOCKET NUMBER: AR20090001987
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, reinstatement to the Officer Candidate School (OCS).
2. 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.
3. The applicant provides OCS orders and class reservation forms in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record confirms his date of birth is 24 March 1967. It further shows that in August 2008, after serving on active duty in an enlisted status for more than 10 years and attaining the rank/grade of sergeant first class (SFC)/
E-7, the applicant was selected to attend OCS.
2. The applicant was scheduled to attend the OCS class beginning on
11 January 2009. Upon reporting to OCS, the applicant's age disqualification was discovered and he was not allowed to begin OCS training.
3. Title 10, U.S. 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 for reinstatement in the OCS 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. As a result, in order to qualify for OCS a member must be able to complete the course and be commissioned by age 42.
3. 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 training, and never in fact completed the required OCS training necessary for commissioning.
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.
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