IN THE CASE OF:
BOARD DATE: 16 December 2010
DOCKET NUMBER: AR20100019981
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 his mandatory removal date (MRD) be extended from 31 August 2018 to 31 December 2018.
2. The applicant states Orders Number B-06-090108 extended his MRD to 31 August 2018. At that time he will be 2 months and 11 days short of reaching 20 years in the U.S. Army.
3. The applicant provides Orders Number B-06-090108.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was born on 27 August 1950.
2. His records show he was appointed as a captain in the Medical Services Corps (MS) of the U.S. Army Reserve (USAR) and executed an oath of office on 12 November 1998. He subsequently served in various positions and he attained the rank of lieutenant colonel (LTC). He is currently assigned to the 455th Medical Company (Dental Services), Ayer, MA.
3. On 22 June 2010, the U.S. Army Human Resources Command - Fort Knox, approved his request for retention beyond his MRD and published Orders Number B-06-090108 retaining him in an active status until 31 August 2018.
4. In the processing of this case, on 9 November 2010, an advisory opinion was obtained from Headquarters, Officer Personnel Management Directorate, Fort Knox, KY. The advisory official stated that the MRD extension that has been approved for the applicant took him to the maximum allowable age by Title 10, U.S. Code. "By Law, this officer cannot serve past age 68, he has already been extended past his MRD to take him to the maximum allowable age."
5. He was provided with a copy of this advisory opinion and responded on 9 December 2010. His response did not indicate if he concurred or non-concurred with the advisory opinion; however, he requested his case be given special consideration.
6. Army Regulation 140-10 (Army Reserve - Assignments, Attachments, Details, and Transfers) prescribes policy and procedures for assigning, attaching, removing, and transferring USAR Soldiers. It also defines Ready Reserve Control Groups and the Selected Reserve, provides detailed procedures for removing Soldiers from an active status, and gives procedures for inter-service transfer and selective retention of unit Soldiers. Chapter 7 (Removal from Active Status) provides guidance, with some exceptions, for the removal of commissioned officers for maximum age and/or length of service. Paragraph 7-3 (Maximum Age) of this regulation provides Soldiers not sooner removed for another reason will be removed when they reach maximum age. Removal date will be the last day of the month in which they reach age 60 for field and company grade officers or Soldiers having 20 or more years of qualifying Federal service.
7. Army Regulation 140-10, paragraph 7-13, provides for Army Medical Department (AMEDD) officer removal and processing procedures. It authorizes the retention of Reserve Component officers in an active status in certain AMEDD areas of concentration until age 68. An officer who meets the applicability criteria may be retained beyond his or her mandatory removal date for age (removal rule 2). Retention must be in the best interest of the Army and the specialty of the officer requesting retention must be a recognized shortage specialty.
8. 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 officers 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 was born on 27 August 1950 and reaches 68 years of age on 27 August 2018. He was appointed as an MS officer in the USAR on 12 November 1998. On 22 June 2010, an order was issued extending him past his MRD until 31 August 2018, the last day of the month he reaches 68 years of age.
2. The applicable law states an AMEDD officer may not be retained in an active status later than the last day of the month on which the officer becomes 68 years of age. The applicant has already been extended to the maximum allowable time past his MRD; therefore, there is no basis for granting 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) AR20100019981
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ABCMR Record of Proceedings (cont) AR20100019981
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