IN THE CASE OF:	  

		BOARD DATE:	  27 January 2015

		DOCKET NUMBER:  AR20140009522 


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 consideration by the Fiscal Year 2015 (FY15) U.S. Army Reserve (USAR) General Officer Assignment Advisory Board (GOAAB) and General Officer Promotion Selection Board (GOPSB). 

2.  The applicant states after their latest corrections of internal mistakes, the GOAAB board team had him currently categorized as ineligible due to age.  He was told he is 7 months too old.  He wants the Board to grant him relief and direct the U.S. Army Human Resources Command (HRC) to include him in the "considered" population for the FY15 USAR GOAAB/GOPSB.  He adds: 

	a.  In 2011, he graduated from the U.S. Army War College and competed for the FY12 GOAAB.  The GOAAB acknowledged receipt of all his necessary documents and he had a complete packet for that board.  In 2012, he volunteered to leave his solo private law practice and deployed to Afghanistan from August 2012 to September 2013.  Prior to him physically leaving the United States, his personnel file was current and complete.  Between the end of the FY12 GOAAB and during his deployment, somehow dates and codes were unilaterally changed in his personnel file that resulted in the FY13 and FY14 GOAAB deeming him ineligible when, in fact, he was fully eligible to be considered by these boards, as well.  Consequently, he was not properly and timely notified in order to submit his "Statement of Intent" to be considered for an assignment by the FY13 and FY14 GOAAB and compete for an assignment by the FY13 and FY14 GOPSB. 

	b.  On 24 April 2014, he contacted the GOAAB board team regarding his eligibility for the FY15 GOAAB/GOPSB.  A staff member represented to him that his birthday on file was in February (actual date is 15 July 1956).  When she made that correction, he was told he would receive an "Eligible" notification from Captain (CPT) Va---ie G---y, Operations Officer, General Officer Management Office (GOMO), Office of the Chief of Army Reserve (OCAR), along with a "Statement of Intent" to complete and return to the GOAAB board team no later than 9 May 2014.  On 7 May 2014, he contacted the GOAAB board team again to let them know he had not received his "Eligible" notification and wanted to submit his written desire to be considered for an assignment by the FY15 GOAAB.  Another staff member informed him that he did not meet the age requirement by seven (7) months.  In addition, he informed him that he was not properly and timely notified by the GOAAB for FY13 and FY14 because he did not complete the Army War College (which the board had on file since 2011).

	c.  On 7 May 2014, he contacted Ms. Re---ca Y---g, Retirement Point Program Manager, Soldier Programs Services Division, who went into his personnel records to respond to his inquiry as to why his Retirement Eligibility Year date disappeared in 2012 and his retirement points stopped posting.  Being extremely helpful, she could see that someone unilaterally made changes to his records that caused him to be sent to the Individual Ready Reserve (IRR) while on active duty in Afghanistan.  When this IRR orders were revoked, his records were mis-coded (to include reflecting the wrong information about completing his Senior Service College).  Where he was stationed in Afghanistan, connectivity and access to AKO was very difficult.  He did not receive any proper and timely notification about any of these material mistakes in his personnel file and how it adversely effected his otherwise eligibility to be considered for both the FY13 and FY14 GOAAB/GOPSB.  

	d.  In order to preserve his options, on 8 May 2014, he submitted his written "Statement of Intent" to the FY15 USAR GOAAB/GOPSB.  He is simply asking for fairness.  During these 25 years in the USAR, he has complied with all the criteria to make him eligible to submit an application for consideration for the last several boards, only to be unfairly and mistakenly internally categorized as ineligible without any notification or personal knowledge.  He requests assistance to correct this in the process to allow him to be considered in the FY15 GOAAB/GOPSB, since this will probably be his last opportunity before reaching age 60.  

3.  The applicant provides:

* 2015 GOAAB Statement of Intent
* Email from HRC
CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he was born on 15 July 1956.  He would turn 60 years of age on 15 July 2016.

2.  He was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 30 May 1989.  He completed the Judge Advocate General Advanced Course from August 1993 to May 1994. 

3.  On 2 July 2009, HRC issued him a Notification of Eligibility for Retired Pay at Age 60 (20-Year Letter).

4.  He served in a variety of assignments and he completed the U.S. Army War College from 1 May 2010 to 22 July 2011.  He was advanced to colonel (COL) on 13 January 2010. 

5.  On 17 August 2012, HRC mailed him a Military Service Obligation (MSO) letter in accordance with DOD Directive 1235.13 (Administration and Management of the Individual Ready Reserve (IRR) and the Inactive National Guard (ING)).  He did not respond. 

6.  He entered active duty on 18 August 2012 and served in Afghanistan from 26 August 2012 to 7 September 2013. 

7.  On 2 October 2012, after having failed to respond to his MSO letter, HRC mailed him a second notification.  

8.  On 19 November 2012, after having failed to respond to the second notification, he was reassigned to the IRR.

9.  On 6 February 2013, he submitted his MSO letter to HRC.  He indicated that he desired to remain in the IRR. 

10.  He was honorably released from active duty on 19 October 2013.

11.  On 9 May 2014, he submitted a Statement of Intent, indicating he desired to compete for an assignment by the 2015 GOPSB.  

12.  On 9 May 2014, by email, a staff officer at GOMO advised the applicant that he did not meet the age criteria which required an eligible officer not to have a date of birth after 28 February 1957.  Only the Secretary of the Army can change the criteria for the GOAAB/GOPSB. 

13.  Military Personnel Message Number 14-112, dated 23 April 2014, Subject: 2015 USAR GOAAB and GOPSB announced the eligibility criteria for the 2015 USAR GOAAB/GOPSB convening on 27 October 2014.  It states, in addition to being having completed the Army War College or an equivalent resident senior service college, all eligible COLs must meet the age criteria of not attaining 59 years of age prior to 1 March 2016.  Due to the unique nature of Army Reserve General Officer duties and assignments, this is a voluntary board; no relook board will be conducted. 

14.  DOD Directive 1235.13 explains in Enclosure 3 (Procedures), placement in the IRR or ING.  Reserve Component (RC) members not assigned to the Selected Reserve (Selected Reserve units, Individual Mobilization Augmentees positions, or on Active Guard Reserve duty), the Standby Reserve, the Retired Reserve, or on extended AD, will be placed in the IRR or the ING.  This includes members separating from active duty with a remaining MSO, as defined in section 651 Reference (e) and DODI 1304.25 (Reference (k)), or other commitment to serve in the Ready Reserve and not placed in the Selected Reserve.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was born on 15 July 1956.  The FY15 USAR GOAAB/GOPSB criteria required an eligible COL to not attain 59 years of age prior to 1 March 2016.  In order to meet the age requirements, an eligible officer's date of birth must be after 28 February 1957.  The applicant did not meet the age criteria in the MILPER Message. 

2.  Due to the unique nature of Army Reserve General Officer duties and assignments, this is a voluntary board; no relook board will be conducted.  The applicant 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)                                         AR20140009522





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ABCMR Record of Proceedings (cont)                                         AR20140009522



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