BOARD DATE:	  11 December 2014

		DOCKET NUMBER:  AR20140005546 


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:

* correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect a retirement date of 1 July 2014 instead of 1 September 2012
* payment of all pay and allowances for the additional 22 months of service
* re-computation of retirement pay reflecting an additional 22 months of active service
* that his Armed Forces Reserve Medal (AFRM) be corrected to include the 30-Year Gold Hourglass Device

2.  The applicant states a Department of the Army Inspector General (DAIG) investigation concluded that the 2011 Release from Active Duty (REFRAD) Board was not conducted in accordance with (IAW) required procedures.  This caused his release from the Title 10 Active Guard Reserve (AGR) Program 22 months prior to his mandatory removal date (MRD).  He had originally planned to retire at his MRD. 

3.  The applicant provides:

* National Guard Bureau (NGB) Memorandum, subject:  Non-retention for Continued Service on the Title 10 AGR Program
* REFRAD/retirement orders
* DD Form 214 in question
* DAIG Report of Investigation (ROI)  
CONSIDERATION OF EVIDENCE:

1.  The applicant served on active duty as a U.S. Army Reserve (USAR) officer from 16 June 1984 to 12 April 1988.  Effective 12 August 1988, he was appointed as an officer in the Army National Guard.  He entered the Title 10 AGR Program on 8 October 1992 and served continuously until his retirement on 31 August 2012.

2.  An NGB Memorandum for [Applicant], subject:  Non-retention for Continued Service on the Title 10 AGR Program, dated 3 August 2011, notified the applicant that the Calendar Year 2011 (CY11) ARNG AGR Officer REFRAD Board convened from 20-24 June 2011.  Upon board review of his records, he was selected for release from the Title 10 AGR Program.  He was given the following options:

* return to traditional drilling status
* apply for retirement
* transfer to the U.S. Army Reserve 

3.  On 4 January 2012, NGB issued Orders 4-5, releasing the applicant from active duty on 31 August 2012 and placing him on the retired list effective 1 September 2012.  The orders show:

* voluntary retirement service:  24 years, 5 months, and 28 days
* section 1405 service:  25 years and 2 months
* basic pay service:  28 years, 2 months, and 15 days

4.  His DD Form 214 shows that on 31 August 2012 he was retired from active duty under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 6-13c(1) with sufficient service for retirement.  This DD Form 214 shows in:

* item 12b (Separation Date This Period), "20120831"
* item 12c (Net Active Service This Period), "00191023"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was authorized the "AFRM with 20-Year Device Silver Hourglass" and "AFRM with 'M' Device and 20-Year Silver Hourglass"

5.  On 14 November 2012, the Adjutant General, New Hampshire issued Orders 319-006, separating him from the ARNG effective 31 August 2012 and transferring him to the Retired Reserve.

6.  The NHARNG issued the applicant an NGB Form 22 (NGB Report of Separation and Record of Service) showing in:

* item 8b (Effective Date), "20120831"
* item 10a (Net Service This Period), 24 years and 19 days
* item 10d, (Total Service for Pay), 28 years, 2 months, and 15 days
* item 10e (Total Service for Retired Pay), 28 years, 2 months, and 15 days
* item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded This Period), in pertinent part, the "ARMED-FCS-RES-MDL-M-DEV" and "ARMED-FCS-RES-MDL-SLVR HOURGLASS"

7.  On 19 November 2012, NGB issued Special Orders 402 AR, withdrawing the applicant's Federal recognition effective 31 August 2012.

8.  An NGB Form 23A (ARNG Current Annual Statement), dated 25 March 2013, shows his retirement points summary through 31 August 2012.

9.  He submits a DAIG Agency ROI (Case XX-00X), dated 16 September 2013, which states the allegation that the Acting Director, ARNG (DARNG) conducted a REFRAD board improperly was substantiated.  The complainants in this case alleged that the Acting DARNG incrementally reduced the population of the REFRAD board to exempt select Soldiers from the board process.  The complainants further alleged that the board was not IAW standard policies and established procedures.  A review of the procedures that the Acting DARNG implemented indicated that this restructuring of the REFRAD board process resulted in the omission of approximately 189 officers from consideration.

10.  He submits a DAIG letter addressed to him, dated 19 December 2013, stating the DAIG had concluded an investigation into an allegation regarding the conduct of the 2011 REFRAD Board.  Their evidence established that the 2011 REFRAD Board was not conducted IAW required procedures.

11.  On 20 May 2014, the Office of the Deputy Chief of Staff, G-1, Chief, Officer Division, provided an advisory opinion.  The advisory official stated:

	a.  The applicant's MRD for maximum years of commissioned service under the provisions of Title 10, U.S. Code, section 14507(b) was 1 July 2014 and his MRD for maximum age (age 60 by Army policy) is 30 June 2021.  He stated the AGR Program is administered as a career program IAW Department of Defense Instruction (DODI) 1205.18, enclosure 3, paragraph 3b.  On 1 September 2005, the Assistant Secretary of the Army for Manpower and Reserve Affairs (ASA (M&RA)) suspended Army policy requiring AGR officers to be REFRAD when they attained 20 years of active service.  This change authorized AGR officers to continue serving voluntarily on active duty until they reached a statutory MRD, unless sooner removed by board action.  Included in the ASA (M&RA)'s 1 September 2005 policy directive for AGR lifecycle management was authority to hold AGR REFRAD boards when required to address AGR grade imbalances or strength overages.  On 16 July 2007, the ASA (M&RA) published revised guidance for AGR lifecycle management, providing implementing guidance for the conduct of the AGR REFRAD boards.

	b.  A review of the applicant's official military personnel file and documentation submitted with his application for relief confirm that the applicant was considered and selected for REFRAD by the CY11 ARNG AGR REFRAD Board.  Based upon the approved board results, the applicant was notified of his selection for release from the Title 10 AGR Program with the option to return to traditional drilling status, apply for retirement, or elect transfer to the U.S. Army Reserve, not later than 12 months from the date of selection for removal.  The applicant elected to apply for retirement, was REFRAD on 31 August 2012, and retired effective 1 September 2012.

	c.  Subsequent to approval of the CY11 ARNG AGR REFRAD Board, the Office of the DAIG received three separate complaints alleging the Acting DARNG conducted the REFRAD board improperly.  The DAIG ROI (Case XX-00X) substantiated the allegations and the officers who were released were notified by the DAIG that the CY11 ARNG AGR REFRAD Board was not conducted IAW required procedures.  A review of the redacted ROI provided to the applicant by the DAIG confirms that he did not receive fair and equitable consideration for retention in the Title 10 AGR Program along with all other officers in the zone of consideration.  Except for his selection for REFRAD by the CY11 ARNG AGR REFRAD Board or a subsequent REFRAD board, it is reasonable to assume the applicant would have otherwise continued in active service until reaching his MRD for maximum years of service of 1 July 2014. 

	d.  Based on the facts as outlined above, the Army G-1 recommended approval of the applicant's request for relief and that the following corrections to his official military records be made:

		(1) amendment of item 12b of his DD Form 214 to show "20140630";

		(2) amendment of item 12c of his DD Form 214 to show "00210823";

		(3) amendment of item 13 of his DD Form 214 to show the "Armed Forces Reserve Medal w/30 Year Device Gold Hourglass";

		(4) amendment of NGB Orders 4-5, dated 4 January 2012, to show he was REFRAD effective 30 June 2014, placed on the retired list effective 1 July 2014, and to show entries for voluntary retirement service, section 1405 service, and basic pay service recomputed and corrected to reflect an additional 1 year and 10 months of active service;

		(5) amendment of NGB Special Orders 402 AR, dated 19 November 2012, to show an effective date of "30 June 2014";

		(6) amendment of Adjutant General, New Hampshire Orders 319-006, dated 14 November 2012, to show an effective date of "30 June 2014";

		(7) amendment of NGB Form 22, issued by the NHARNG, effective 31 August 2012, to show an effective date of "20140630" in item 8b and that all pertinent entries in item 10 be recomputed and corrected to reflect or factor an additional 1 year and 10 months of active service, and that item 15 be corrected to reflect the "ARMED-FCS-RES-MDL-GOLD HOURGLASS";

		(8) amendment of the applicant's NGB Form 23 to reflect an additional 1 year and 10 months of active service and active status membership in the ARNG ending 30 June 2014;

		(9) that the applicant receive the pay and allowances, paid in whole or in part, if possible, from National Guard Personnel, Army funds he would have otherwise received based upon his last duty assignment, for the period 1 September 2012 through 30 June 2014, less the amount received in retired pay during the same period; and

		(10) recomputation of his retired pay to reflect or factor an additional 1 year and 10 months of active service effective 1 July 2014.

12.  The advisory official further recommended that the Adjutant General, New Hampshire National Guard; NGB, and the Defense Finance and Accounting Service be furnished a copy of the Board's decision in order to effect correction to the applicant's military and pay records, as applicable.

13.  The applicant was provided a copy of the advisory opinion for his comment.  He concurred with the advisory opinion.

14.  Army Regulation 600-8-22 (Military Awards) states the AFRM is awarded for honorable and satisfactory service as a member of one or more of the Reserve Components (RC) for a period of 10 years.  Also qualifying for this award are members who on or after 1 August 1990 were called to active duty and served under Sections 12301(a), 12302, 12304, 12406, Title 10, U.S. Code.  The member must have been called or volunteered and served on active duty in support of specific U.S. military operations or contingencies designated by the Secretary of Defense, as defined in Section 101(A)(13) of Title 10, U.S. Code.

	a.  This regulation states the conditions for award of the AFRM require that a minimum of 50 retirement points be earned for each of the 10 qualifying years and that the qualifying service be completed within 12 consecutive years.  Service in a regular component of the Armed Forces; tenure in elected state office; tenure as a member of a legislative body of the United States or a state; and service as a judge of a court of record of the United States, a state or territory, or the District of Columbia is excluded from credit toward this award but does not constitute a break in service.  

	b.  This regulation further states the Ten-Year Device (hourglass with Roman numeral “X”) is authorized for wear on the AFRM to denote each 10-year period of RC service.  The first 10-year period is denoted by a bronze hourglass, the second 10-year period by a silver hourglass, and the third by a gold hourglass.  The “M” Device will be worn on the AFRM to denote service by RC personnel who volunteered or were called to active duty during a mobilization or a contingency designated by the Secretary of Defense.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he would have continued on active duty until his MRD for maximum years of commissioned service (30 June 2014) had it not been for the improperly conducted CY11 ARNG AGR REFRAD Board which selected him for REFRAD.  Though it is not possible to know whether he would have been selected by a "properly" conducted REFRAD board, it is reasonable to presume he would have served until 30 June 2014 if he had not been selected for REFRAD by the CY11 ARNG AGR REFRAD Board.  As a result of the board's decision, he was given the opportunity to elect to return to drilling status, apply for retirement, or transfer to the USAR.  He elected to retire.  

2.  The evidence shows the DAIG substantiated allegations from three separate complainants that the CY11 ARNG AGR REFRAD Board was improperly conducted.

3.  In view of the foregoing, in the interest of equity, it would be appropriate to grant the applicant's requested relief and to correct his records as recommended by the Office of the Deputy Chief of Staff, G-1, as shown below. 


BOARD VOTE:

___X_____  __X______  _X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  amending item 12b of his DD Form 214, currently for the period ending 31 August 2012, to show "20140630";

	b.  amending item 12c of his DD Form 214, currently for the period ending 31 August 2012, to show "00210823";

	c.  amending item 13 of his DD Form 214, currently for the period ending 31 August 2012, to add the Armed Forces Reserve Medal with Gold Hourglass and "M" Device;

	d.  amending NGB Orders 4-5, dated 4 January 2012, to show:

* he was REFRAD effective 30 June 2014
* he was placed on the retired list effective 1 July 2014
* voluntary retirement service:  26 years, 3 months, and 28 days
* section 1405 service:  27 years
* basic pay service:  30 years and 15 days

	e.  amending NGB Special Orders 402 AR, dated 19 November 2012, to show an effective date of 30 June 2014;

	f.  amending Adjutant General, New Hampshire, Orders 319-006, dated 14 November 2012, to show an effective date of 30 June 2014;

	g.  amending the NGB Form 22, issued by the NHARNG, effective 31 August 2012, to show in:

* item 8b, an effective date of "20140630"
* item 10a, 25 years,10 months, and 19 days
* item 10d, 30 years and 15 days
* item 10e, 30 years and 15 days
* item 15, the "ARMED-FCS-RES-MDL-GOLD HOURGLASS"

	h.  amending his NGB Form 23A to reflect an additional 1 year and 10 months of active service and active status membership in the ARNG ending 30 June 2014;

	i.  paying him pay and allowances from Army National Guard funds that he would have otherwise received based upon his last duty assignment, for the period 1 September 2012 through 30 June 2014, less the amount received in retired pay during the same period; and

	j.  recalculation of his retired pay to reflect an additional 1 year and 10 months of active service effective 1 July 2014.




      _______ _   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)                                         AR20140005546





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ABCMR Record of Proceedings (cont)                                         AR20140005546



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