IN THE CASE OF:	  

		BOARD DATE:	  23 September 2010

		DOCKET NUMBER:  AR20100007071 


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, extension of his Mandatory Removal Date (MRD) from the U.S. Army Reserve (USAR).

2.  The applicant states, in effect, he was told his area of concentration (AOC) 61U (Pathologist) was 900 percent (%) over-strength and doesn't understand why this was not told to him prior to his accession.  He performs nearly 300 autopsies each year for the Georgia Bureau of Investigation, provides expert testimony in the U.S. Air Force (USAF) drug testing program, and works as a consultant for the Department of Justice in the Criminal Investigative Training and Assistance Program.  He is board certified by the American Board of Pathology in Anatomic Pathology, Clinical Pathology, Forensic Pathology, and Blood Banking and Transfusion Medicine.  He believes he still can make a contribution to the USAR.

3.  The applicant provides the following:

* A copy of a letter from the Georgia Bureau of Investigation, dated 9 March 2006
* A copy of his Reserve acceptance memorandum, dated 28 March 2006
* A copy of his Reserve Commissioned Officer appointment memorandum, dated 3 October 2006
* A copy of Active Duty for Training (ADT) Orders T-06-743192, dated
29 June 2007


* A copy of a USAR mobilization memorandum, dated 18 December 2007
* A Curriculum Vitae (CV), dated 1 December 2009
* A copy of a newspaper article depicting his appointment in the USAR

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was born on 2 September 1942.  He originally enlisted in the USAR on 5 January 1966.  On 5 May 1966, he enlisted in the Regular Army and he served on active duty through 4 January 1970.  Upon his released from active duty, he was transferred to the USAR.   He attended medical school and he was awarded a Doctor of Medicine Degree from Wayne State University, Detroit, MI, on 23 May 1976.

2.  After a break in service, he received a commission in the U.S. Navy (USN) and he entered active duty on 1 July 1977.  A copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he served as a Pathologist and he completed 6 years and 1 day of net active service; 3 years,
9 months, and 6 days of prior active service; and 2 years, 3 months, and 1 day of prior inactive service.  He resigned on 1 July 1983 with a characterization of service as honorable.

3.  He received his board certificates in Pathology and in Forensic Pathology from the American Board of Pathology in 1981 and 1988, respectively.

4. On 14 October 2005, the applicant completed a DA Form 61 (Application for Appointment) requesting direct appointment as a commissioned officer in the USAR/Medical Corps.  A copy of a DA Form 5074-R (Record of Award of Entry Grade Credit Health Services Officers) indicates the applicant was granted 
23 years of constructive service credit from his Doctor of Medicine Degree and his Board Certifications in Pathology and Forensic Pathology.  On 3 October 2006, he took his oath of office and he was appointed as a Colonel in the USAR.  He was awarded AOC 61U and he was given a date of rank of 3 October 2006.

5.  During the processing of this case, on 17 March 2010, an advisory opinion was obtained from the Director, Army Medical Department (AMEDD) Directorate, U.S. Army Human Resources Command, St. Louis, MO.  The advisory official opined that the applicant was granted an MRD extension which established a new date of 30 September 2009.

6.  A printout from the Soldier Management System (SMS) transaction log indicates on 30 July 2009, the applicant was advised that no further retention 


was allowed because he was age 67 and AOC 61U was currently filled at 900%.  However, the applicant volunteered for mobilization. 

7.  The advisory official also noted the applicant was informed by his career manager on 5 and 6 January 2010 that he had gone beyond his current MRD and he should not conduct any additional military training.  It was also noted that the applicant and his command could request an MRD extension up to age 68 or to 2 September 2010 as authorized by Title 10, U.S. Code, section 14703(b).

8.  On 31 March 2010, a copy of the advisory opinion was provided to the applicant for information and to allow him the opportunity to submit comments or a rebuttal on 31 March 2010.  The applicant did not respond.

9.  His ARPC Form 249-E (Chronological Statement of Retirement Points), dated 26 February 2010, shows that as of 2 October 2009 he was credited with
10 years and 2 days of qualifying service for retirement.  He is projected to complete 20 qualifying years of service on 2 October 2019.  He reached age 68 on 2 September 2010.

10.  Orders 10-144-00003, issued by Headquarters, U.S. Army Reserve Command, Fort McPherson, GA, dated 24 May 2010, honorably discharged the applicant from the USAR, effective 20 June 2010.

11.  Title 10, U.S. Code, section 14703, in pertinent part, is the authority to retain chaplains and officers in medical specialties until a specified age.  It states that the Secretary of the Army may, with the officer’s consent, retain in an active status any reserve officer assigned to the Medical Corps.  An officer may not be retained in an active status under this section later than the date on which the officer becomes 68 years of age.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for extension of his MRD was carefully considered; however, is not supported by the evidence provided. 

2.  The evidence of record shows the applicant reached age 68 on 2 September 2010.  He was credited with 10 years and 2 days of qualifying service for retirement as of 2 October 2009 and as a result, would not have 20 qualifying years for retirement until 2 October 2019.

3.  It is also acknowledged that the applicant's AOC was filled at 900% as of
30 July 2009 and he was previously granted an extension which changed his MRD to 30 September 2009.  Nevertheless, he continued to serve in a USAR status until he was discharged on 20 June 2010.

4.  The applicant's desire to continue to serve in the USAR is commendable; however, based upon the current end-strength of AOC 61U there does not appear to be an operational need.  The applicable laws and regulatory guidance also state an officer may not be retained in an active status later than the date on which the officer becomes 68 years of age.

5.  In view of the foregoing, there is no basis to granting the applicant's the requested relief.

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)                                         AR20100007071



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)