IN THE CASE OF:	  

		BOARD DATE:	  23 August 2011

		DOCKET NUMBER:  AR20110000616 


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), due to an educational waiver delay he received from July 1985 to June 1986 and inactive service from 29 August 1993 through 16 May 1994.

2.  The applicant states, in effect, his MRD is incorrect because he received his Reserve Officer Training Corps (ROTC) commission before he graduated from college, and he subsequently received an educational waiver for 1 year to complete college.  He further states he was commissioned on 24 July 1985, but he did not finish college until June 1986.  He concludes by stating he needs an MRD extension because he had inactive service from 29 August 1993 through
16 May 1994, during which time he was not assigned to or involved with any Army Reserve unit.

3.  The applicant provides:

* a letter to the Army Board for Correction of Military Records (ABCMR), dated 26 December 2010
* Orders 142-16, issued by Headquarters, First ROTC Region, Fort Bragg, NC, dated 26 July 1985
* his Bachelor of Business Administration diploma from Columbus College, Columbus, GA, dated 7 June 1986
* Orders C-05-421898, issued by the U.S. Army Reserve Personnel Command, St. Louis, MO, dated 17 May 1994
* 
extract of a spreadsheet showing unit information and dates of assignment
* extract from the U.S. Army Human Resources Command (HRC) website, concerning MRD Policy/Breaks in Service/Educational Delay

CONSIDERATION OF EVIDENCE:

1.  On 24 July 1985, the applicant was appointed as a Reserve commissioned officer of the Army, in the rank/grade of second lieutenant/O-1, in the engineer corps.  Since he was born on 17 February 1962 and he was 23 years old on his commissioning date, his MRD was calculated to be 1 August 2013.

2.  Orders 142-16, issued by Headquarters, First ROTC Region, Fort Bragg, dated 26 July 1985, assigned him to the U.S. Army Reserve (USAR) Control Group, effective 24 July 1985, for the purpose of completing his baccalaureate degree requirements.  His orders state that his anticipated college graduation date was 19 March 1986.

3.  On 22 September 1985, he was transferred from the USAR Control Group to the 803rd General Supply (GS) Company, a Troop Program Unit (TPU) of the USAR, located in Opelika, AL.

4.  On 22 November 1993, he was reassigned to the USAR Control Group (Reinforcement).

5.  On 16 May 1994, he was reassigned to Headquarters, 1st Brigade, 87th Division (Exercise), located in Birmingham, AL.

6.  On 8 January 2008, after successful service as an engineer officer in staff and leadership positions, he attained the rank of lieutenant colonel (LTC).

7.  In an advisory opinion from Leader Development Division, HRC, Fort Knox, KY, the advisory official stated:

* the applicant graduated with a Bachelor of Science degree in Business Administration
* because he did not graduate with a professional degree, he is not entitled to an educational delay
* during the timeframe 29 August 1993 through 16 May 1994, the applicant was assigned to the Individual Ready Reserve (IRR)
* although he was not required to be a part of a unit while assigned to the IRR, he was still an active member of the USAR; therefore, did not have a break in service

8.  On 16 May 2011, 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.  He did not respond.

9.  The applicant provides an extract from the HRC website, which details the MRD policy for USAR officers and specifically identifies those instances where commissioned service is not applied to an officer's period of total service.

10.  Army Regulation 140-10 (Army Reserve - Assignments, Attachments, Details, and Transfers) prescribes policies and procedures for assigning, attaching, removing, and transferring USAR 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 7-2 provides, in pertinent part, that LTCs will be removed upon completion of
28 years of commissioned service, if under age 25 at initial appointment.  The actual removal date will be within 30 days after the date of completion of the maximum years of service.

11.  Title 10, U.S. Code, section 14706, provides, in pertinent part, that:

	a.  A Reserve officer's years of service includes all service of the officer as a commissioned officer of a uniformed service other than the following: (1) Service as a warrant officer. (2) Constructive service. (3) Service after appointment as a commissioned officer of a Reserve component while in a program of advanced education to obtain the first professional degree required for appointment, designation, or assignment to a professional specialty, but only if that service occurs before the officer commences initial service on active duty or initial service in the Ready Reserve in the specialty that results from such a degree.

	b.  The exclusion under subsection (a)(3) does not apply to service performed by an officer who previously served on active duty or participated as a member of the Ready Reserve in other than a student status for the period of service preceding the member's service in a student status.

	c.  For purposes of subsection (a)(3), an officer shall be considered to be in a professional specialty if the officer is appointed or assigned to the Medical Corps, the Dental Corps, the Veterinary Corps, the Medical Service Corps, the Nurse Corps, or the Army Medical Specialists Corps or is designated as a chaplain or judge advocate.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his MRD should be adjusted for time spent in an educational delay.  The evidence of record shows the applicant was assigned to a TPU during the period he claimed as his educational delay.  Additionally, he did not graduate with a professional degree; therefore, he is not entitled to an MRD adjustment for time spent in an educational delay.

2.  The applicant contends his MRD should be adjusted for time spent in the IRR. Although he was not required to be a part of a unit during the time he was assigned to the IRR, he was still an active member of the USAR and therefore did not have a break in service.  Accordingly, he is not entitled to an MRD adjustment for time spent in the IRR.

3.  In view of the foregoing evidence, there is an insufficient basis to grant the applicant's 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)                                         AR20100000119



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ABCMR Record of Proceedings (cont)                                         AR20110000616



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