BOARD DATE:	  7 October 2014

		DOCKET NUMBER:  AR20140003639 


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 he be retained in the U.S. Army Reserve (USAR) past his mandatory removal date of 1 June 2014.

2.  The applicant states he was placed on medical hold during 2009 through 2010 and was unable to attend the Intermediate Level Education (ILE) course required for promotion.  He would like to continue his military career, get promoted, and serve in a Troop Program Unit (TPU).

3.  The applicant provides his Officer Record Brief (ORB), dated 19 February 2014.

CONSIDERATION OF EVIDENCE:

1.  The applicant was born on 12 May 1965.  He enlisted in the Army National Guard (ARNG) on 25 June 1984.  He was honorably released from the ARNG on 27 May 1985 and he was transferred to the USAR.  He enlisted in the USAR on 28 August 1985 and he was discharged on 10 May 1990 for the purpose of accepting a commission.

2.  He was appointed as a second lieutenant USAR commissioned officer on 11 May 1990 and executed an oath of office on that date.  He held area of concentration (AOC) 90A (Logistics).  He attained the rank of captain on 2 December 1998.

3.  On 28 July 2004, by memorandum, the U.S. Human Resources Command (HRC) issued him a Notification of Eligibility for Retired Pay at Age 60 (Twenty Year Letter).

4.  On 8 August 2005, he was promoted to the rank/grade of major (MAJ)/O-4.

5.  He was ordered to active duty as an Individual Mobilization Augmentee (IMA) in support of Operation Enduring Freedom and he entered active duty on 28 February 2008.  He was assigned to the U.S. Army Criminal Investigation Command (USACIDC), Fort Belvoir, VA.

6.  On 28 December 2008, he had a fainting episode and on 29 December 2008 he underwent the implantation of a permanent pacemaker.  He was honorably released from active duty on 3 February 2009 by reason of completion of required active service. 

7.  On 4 February 2009, he was returned to active duty and assigned to the Warrior Transition Unit (WTU), Fort Belvoir, to participate in the Reserve component (RC) warriors in transition medical retention program for completion of medical care and treatment.

8.  On 5 November 2009, an informal PEB convened at Washington DC, and determined his permanent pacemaker implantation did not have any functional impairment which prevented satisfactory performance of duty and recommended he be released from active duty.  He subsequently non-concurred with the PEB findings and recommendation.

9.  On 9 December 2009, a formal PEB also determined his permanent pacemaker implantation did not have any functional impairment which prevented satisfactory performance of duty and recommended he be released from active duty.  He subsequently non-concurred with the PEB findings and recommendation.  

10.  On 22 January 2010, the U.S. Army Physical Disability Agency reviewed his entire record and determined the PEB correctly applied the governing rules in making a determination in his case.  On 27 January 2010, he was found fit for duty.  

11.  On 14 March 2010, he was honorably released from active duty by reason of completion of required active service and he was transferred to the USAR.


12.  Orders C-06-407738, dated 2 June 2014, issued by HRC, released him from the USAR Control Group (Reinforcement) effective 1 June 2014 and assigned him to the Retired Reserve.

13.  In the processing of this case, an advisory opinion was received from the Chief, Leader Development Division, HRC.  The advisory official recommended denial of the applicant's request to be extended past his MRD and stated.

	a.  The applicant was commissioned as a Reserve officer on 11 May 1990 and was promoted to MAJ of 8 August 2005.  He was a two-time nonselected for promotion to lieutenant colonel (LTC) by the Fiscal Year 2012 (FY12) Promotion Selection Board. 

	b.  The applicant was selected for continuation (SELCON) of service by the FY12 SELCON board and his MRD was updated to 1 June 2014.  He inquired about an MRD extension in February 2014; however, this did not provide sufficient time for the administrative process to occur prior to his MRD.

14.  The applicant was provided a copy of this advisory opinion for information and to allow him the opportunity to submit comments or a rebuttal.

15.  In a response to the advisory opinion, the applicant stated: 

	a.  He is requesting his MRD be extended in order for him to complete the required military education and to serve in his current fitness capacity at an unblemished level of duty performance prior to the PEB findings. 

	b.  Despite his appeal to the PEB findings which was denied, he continued to suffer from numerous medical conditions such as third degree heart blockage, dizziness, fatigue, and severe lower back pain.  He was released from active duty after being found fit for duty.  He returned home to establish Department of Veteran Affairs (VA) appointments and follow up care for the pacemaker implant he received on 29 December 2008.  He subsequently spent a great deal of time and energy to reconstitute his home life, civilian career, and health after 8 years of active duty service from October 2002 to March 2010.  Unfortunately, his Reserve career was not a priority for him at that point in time (emphasis added).

	c.  On 12 June 2011, he was notified of the upcoming LTC promotion board and his requirement to submit a packet.  He was subsequently informed by his USAR Logistics Branch Assignment Officer that he was not educationally qualified.  He attempted several follow ups to his initial ILE training which would have qualified him for promotion along with a complete packet.  However, the requirements impacted heavily on his time, effort, and civilian career, and were also counter to his other health appointments.

	d.  One of the requirements was to have the Periodic Health Assessment (PHA) updated in the Medical Protection System (MEDPROS) prior to being approved for military training or educational opportunities.  He failed on several occasions to make the cutoffs and deadlines without the support of unit administrators and support personnel available as an active Reserve member attending monthly training assemblies.  In addition, PHA exams require human immunodeficiency virus (HIV), dental, and medical as separate appointments that can take from 1 month to several months to complete.  This caused delays and precious time to be wasted attempting to meet the requirements.

	e.  Currently, his PHA status is unavailable due to his reaching his MRD on 1 June 2014.  However, he has completed the record physical assessment in accordance with Army regulations.  In addition, his health condition has stabilized to the point where attempting military educational training and drill assemblies would be possible.  He has served over 27 years and asks to be allowed to continue as an Army Logistician and support the Warfighter in the role for which he was trained.  If granted an MRD extension, he intends to use his experience to benefit a Reserve unit and the unit members in Jacksonville, FL.

16.  With his response to the advisory opinion, the applicant provided:

* DA Form 67-9 (Officer Evaluation Report) for the rating period 25 February 2008 through 3 February 2009
* DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 March 2010
* two pages of medical chart notes, dated 8 November 2011 
* three pages of email, dated between 17 August 2011 and 18 November 2011

17.  Army Regulation 135-175 (Separation of Officers) prescribes the policies and procedures for the discharge of Reserve officers.  This regulation specifies that an officer, who has completed his/her statutory military service obligation, will be discharged for failure to be selected for promotion after a second consideration by a Reserve Component Selection Board, with or without the officer's consent.  

18.  Title 10, U.S. Code, section 14504, provides, in pertinent part, that a commissioned officer who holds the rank of MAJ and who is not on a list of 

officers recommended for promotion to the next higher grade shall grade shall be separated not later than the first day of the seventh month after the month in which the President approves the report of the board which considered the officer for the second time.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his MRD should be adjusted past 1 June 2014 to allow him time to complete the education requirements to LTC.  

2.  The evidence confirms he was promoted to MAJ on 8 May 2005.  The advisory official stated he was not selected for promotion to LTC for the second time by the FY12 Promotion Selection Board.  

3.  The fact that he was not able to pursue the completion of educational requirements because his Reserve career was not a priority for him at the time is not a valid consideration.  Each officer has a major responsibility inlooking out for his or her own career.

4.  As a two-time non-select for promotion with over 20 years of Reserve service, he was appropriately released from the USAR Control Group (Reinforcement) on 1 June 2014 and transferred to the Retired Reserve as required by law and regulation.

5.  In view of the foregoing, he is not entitled to 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)                                         AR20140003639





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ABCMR Record of Proceedings (cont)                                         AR20140003639



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