IN THE CASE OF:	  

		BOARD DATE:  26 July 2012

		DOCKET NUMBER:  AR20110022266 


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:

* Extension of his mandatory removal date (MRD) to 30 September 2011
* Service credit and recalculation of retired pay to include all service completed between his current MRD of 7 May 2010 through the adjusted MRD
* Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to include the creditable service as well as award of the Meritorious Service Medal

2.  The applicant states:

* His MRD was 7 May 2010 prior to changing his status from Individual Ready Reserve (IRR) to a member of a troop program unit (TPU)
* His MRD was administratively changed in 2009 by the 81st Regional Support Command (RSC) from 7 May 2010 to 7 May 2019 to meet Army strength mobilization requirements
* He served honorably beyond the 7 May 2010 MRD and he sees no reason why the Army should not consider these 16 months as creditable service time
* The new MRD was noted on his DA Form 2B (Officer Qualification Record) as well as the U.S. Army Human Resources Command (HRC) portal resulting in service until retirement on 30 September 2011


3.  The applicant provides:

* DA Form 2B
* Certificate showing award of the Meritorious Service Medal
* Printout from the HRC's Interactive Web Services (IWS)

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was born on 8 May 1959.

2.  He was appointed as a Regular Army aviation officer on 8 May 1982.  He served in a variety of stateside and/or overseas assignments and he attained the rank/grade of captain (CPT).  

3.  He was honorably discharged from active duty in the rank of CPT on 29 September 1993 under an early release program/voluntary separation incentive.  His DD Form 214 shows he completed 11 years, 4 months, and 22 days of creditable active service.

4.  He was appointed as a Reserve commissioned officer and executed an oath of office on 30 September 1993.  

5.  It appears he was considered for promotion by a special selection board and he was promoted to major (MAJ) with a date of rank of 7 May 1994.  

6.  On 2 June 1995 and 10 June 1996, by memoranda, the U.S. Total Army Personnel Command later known as HRC, St. Louis, MO, notified him that he was considered for promotion to MAJ by the 1995 and 1996 Reserve Component Selection Boards (RCSB) respectively, but he was not selected for promotion.

7.  He was honorably discharged from the USAR on 4 September 1996 as a result of being twice non-selected for promotion.  However, his orders were later amended to show he was transferred to the Retired Reserve effective 3 October 1997.  It also appears his orders were late revoked altogether. 

8.  On 8 March 2001 and 28 February 2002, by memoranda, HRC, St. Louis, MO, notified him that he was considered from promotion to lieutenant colonel (LTC) by the 2000 and 2001 RCSBs respectively, but he was not selected for promotion.

9.  On 1 June 2002, he was honorably discharged from the USAR as a result of being twice non-selected for promotion.  However, it appears his discharge orders may have been revoked at some point. 
10.  On 7 June 2002, by memorandum, he was notified that he was considered by a special section board for promotion to LTC under the 2000 criteria but he was not selected for promotion.

11.  On 20 November 2006, he was issued a promotion order to LTC.  The promotion orders show he had been considered for promotion to LTC by a special selection board that convened on 27 March 2006 and selected him for promotion with an effective date and date of rank of 1 February 2002. 

12.  On 5 January 2009, HRC published Orders C-01-900062 ordering his transfer from the USAR Control Group (Reinforcement) to a TPU, the USAR Sustainment Command, Birmingham, AL.  

13.  His Officer Evaluation Reports for the periods:

* 5 January 2009 through 4 January 2010, shows he served as an Operations Officer for the USAR Sustainment Command
* 5 January 2010 through 4 January 2011, shows he served as an Internal Review Officer for the USAR Sustainment Command

14.  Section II (Service Data) of his DA Form 2B, dated 9 June 2010, shows his MRD as 31 May 2019.

15.  On 12 May 2011, HRC (now at Fort Knox, KY), issued the applicant a Notification of Eligibility for Retired Pay at Age 60 (20-year letter).

16.  On 19 September 2011, the 81st RSC published Orders 11-262-00023 ordering his reassignment from the USAR Control Group to the Retired Reserve, effective 30 September 2011, by reason of having attained maximum authorized years of service.  His Army Reserve Personnel Command (ARPC) Form 249-E (Chronological Statement of Retirement Points) shows he completed 21 years, 
4 months, and 22 days of qualifying years of service.  

17.  In connection with his retirement, he was awarded the Meritorious Service Medal for service from 10 October 1991 to 31 October 2011.

18.  An advisory opinion was obtained on 12 March 2012 from the USAR Command, Fort Bragg, NC, in the processing of this case.  The official recommended approval and stated: 

	a.  The applicant performed duties in good faith while in an active status until removed by reassignment to the Retired Reserve on 30 September 2011.  All points from 1 June 2010 and his reassignment to the Retired Reserve should be included in the computation of his retired pay.  

	b.  With respect to the award, the DD Form 214 is issued for periods of 90 days or more of continuous active duty for training of periods of active duty less than 90 days if that training results in awarding a military occupational specialty.  The applicant's service beyond the MRD was not on active duty and no 
DD Form 214 was authorized for this period of service.  This service is recorded on the ARPC Form 249-E.

Beginning
Ending
Inactive Points
Member-ship
Active
Total Points
Qualifying Year
20090930
20100929
48
15
15
78
1
20100930
20110929
44
15
16
75
1







19.  The applicant concurred with the advisory opinion on 13 March 2012. 

20.  Title 10, U.S. Code, section 14507 (Removal from the Reserve Active-Status List for Years of Service: Reserve Lieutenant Colonels and Colonels of the Army, Air Force, and Marine Corps and Reserve Commanders and Captains of the Navy) states unless continued on the reserve active-status list under section 14701 and 14702 of this title or retained as provided in section 12646 or 12686 of this title, each reserve officer of the Army, Navy, Air Force, or Marine Corps who holds the grade of lieutenant colonel or commander and who is not on a list of officers recommended for promotion to the next higher grade shall (if not earlier removed from the reserve active-status list) be removed from that list under section 14514 of this title on the first day of the month after the month in which the officer completes 28 years of commissioned service.

21.  Army Regulation 140-10 (Army Reserve - Assignments, Attachments, Details, and Transfers) prescribes policy 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 (Length of service) of this regulation 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.


22.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of his or her military service.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge, and is not intended to have any legal effect on termination of a Soldier's service.  A DD Form 214 will be prepared for each Soldier as indicated:

	a.  Active Army Soldiers on termination of active duty by reason of administrative separation (including separation by reason of retirement or expiration of term of service), physical disability separation, or punitive discharge under the Uniform Code of Military Justice;

	b.  Reserve Component (RC) Soldiers completing 90 days or more of continuous ADT, Full-Time National Guard Duty, active duty for special work, temporary tours of active duty, or Active Guard Reserve service.  Also, RC Soldiers separated for cause or physical disability regardless of the length of time served on active duty;

	c.  Army National Guard (ARNG) and USAR Soldiers mobilized under Title 10, U.S. Code, sections 12301(a), 12302, or 12304, and ARNG Soldiers called into Federal service under Title 10, U.S. Code, chapter 15 or section 12406, regardless of length of mobilization, when transitioned from active duty.  A Soldier who reports to a mobilization station and is found unqualified for active duty will be excluded from this provision.  He or she will only receive a DD Form 220 (Active Duty Report); and

	d.  RC Soldiers completing initial ADT that results in the award of an MOS even when the active duty period was less than 90 days.  This includes completion of advanced individual training under the ARNG of the United States Alternate Training Program or USAR Split Training Program.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was appointed as a commissioned officer on 8 May 1982.  He attained the rank of LTC.  Based on his appointment date and grade, by law and regulation, his MRD was established as 31 May 2010 (28 years from date of appointment).  


2.  Although all the facts related to changing statuses are not known, it appears his MRD was adjusted to 31 May 2019.  It also appears he continued to serve, in good faith, beyond his original MRD of 31 May 2010 through the date he was placed on the Retired List, 30 September 2011.  

3.  An adjustment to his MRD is prohibited by law.  However, he should receive full credit of all points earned between said dates and his ARPC Form 249-E should be corrected accordingly.  Additionally, upon application for retired pay at age 60, his retired pay should be calculated to include this service credit.

4.  With respect to adding award of the Meritorious Service Medal to his DD Form 214, aside from the period 8 May 1982 through 29 September 1993 for which he received a DD Form 214, the applicant did not serve a qualifying period of active duty that required the issuance of a separate DD Form 214.  There is no provision to add an award received outside the period covered by the
DD Form 214 to such form.  

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  ___X  ___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* If not already done, adding to his ARPC Form 249-E all retirement points earned between 1 June 2010 and 30 September 2011 as shown in the advisory opinion, above
* Ensuring such points are credited when calculating his retired pay upon application at age 60

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so 

much of the application that pertains to adjusting his MRD and adding the Meritorious Service Medal to his DD Form 214.



      __________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)                                         AR20110022266



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ABCMR Record of Proceedings (cont)                                         AR20110022266



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