RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 November 2007 DOCKET NUMBER: AR20070003278 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Ms. Deyon D. Battle Analyst The following members, a quorum, were present: Mr. Eric N. Anderson Chairperson Mr. Donald L. Lewy Member Ms. Rea M. Nuppenau Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests that his discharge/separation orders be voided and that he receive retroactive appointment to the rank of captain. 2. The applicant states that he was initially commissioned as a second lieutenant in May of 1984. He states that while he was in the Officer Basic Course in 1986 and branched in the Adjutant General corps, he made the decision to return to college and work toward a Chemistry/Biochemistry degree in preparation for medical school. He states that during the course of his studies, he decided not to drill with a unit and he was transferred to the Individual Ready Reserve (IRR). He states that he began medical school in September 1991 in Grenada. He states that while he was in medical school, he received notification that he had been passed over for promotion to captain by the Reserve Component Selection Board (RCSB) that convened at the end of 1990. He states that he contacted the promotions branch of the Adjutant General Corps while he was attending school in the West Indies and he explained that he was in medical school and unable to drill with his unit or complete several of the requirements to complete his packet for promotion. He states that when he notified the promotions branch of his situation in 1991, he should have been transferred to inactive status with the IRR and he should not have been eligible for promotion. He states, in effect, that he was not transferred to an inactive status and at the end of 1991 he was again passed over for promotion to captain. He states that he was discharged from the Army and that in 1992 he tried to reenter the Army and had difficulty doing so because he had been twice passed over for promotion and had been discharged. 3. The applicant goes on to state that he was finally able to reenter the Army in May 2000. He states that he was made aware of this Board on 1 May 2007 during his Soldier Readiness Processing for his second deployment to Iraq; and that it was never his intent to leave the Army. He states that he attempted to explain his situation to his chain of command while he was in another country; and that if he had been placed in an inactive status in the IRR, he would not have been eligible for promotion and therefore, he would not have been discharged from the Army. He states that he could have been placed in an active status, branch transferred to the Medical Corps and appointed as a captain in 1995. The applicant concludes by stating that it is for these reasons that he is requesting that his discharge/separation orders be voided and retroactive appointment to the rank of captain. 3. The applicant provides in support of his application, a copy of the memorandum dated 16 June 1984, appointing him as a Reserve commissioned officer in the rank of second lieutenant; a copy of the memorandum dated 1 June 1988 promoting him to the rank of first lieutenant; a copy of his discharge orders dated 16 April 1992; a copy of his certificate from St. George's University School of Medicine showing that he earned his Doctor of Medicine Degree on 23 June 1995; a portion of a physical examination dated 7 June 1998; a copy of his Oath of Office dated 19 May 2000; and a copy of a printout from the Total Army Personnel Data Base. CONSIDERATION OF EVIDENCE: 1. After completing 2 years, 11 months and 29 day of net active service in the enlisted ranks of the Regular Army, the applicant was appointed in the United States Army Reserve (USAR) as a second lieutenant (O1), effective 16 June 1984. He was promoted to first lieutenant (O2) effective 22 May 1987. 2. The facts and circumstances surrounding the applicant's discharge are unavailable for review at this time. However, the available records show that orders were published on 16 April 1992 honorably discharging him from the Ready Reserve with an effective date of 8 May 1992. 3. On 23 June 1995, the applicant earned his Doctor of Medicine degree at St. George's University School of Medicine, in Grenada. 4. On 2 June 1998, the applicant underwent a medical examination for the purpose of accepting a commission in the USAR. On 7 June 1998, he was found to be qualified for service in the Army as a Reserve commissioned officer. 5. On 19 May 2000, the applicant accepted a commission as a captain (O-3) in the USAR and he was assigned to the 348th Medical Corps Hospital (General), Pedricktown, New Jersey. 6. The applicant accepted an appointment as an O-3 in the New York Army National Guard (NYARNG) on 26 October 2001 and he was assigned to the Medical Command as a Field Surgeon. 7. On 30 April 2004, mobilization orders were published ordering him to active duty from 15 May 2004 until 25 November 2005. The orders were amended on 17 June 2005 to show that he was on active duty from 15 May 2005 until 11 January 2005. 8. The applicant was promoted to Major (O-4) on 1 December 2005. 9. Orders were published on 22 February 2007, ordering him to active duty in support of Operation Iraqi Freedom, for a period not to exceed 125 days. The applicant was released from active duty on 26 June 2007 and he was transferred to the NYARNG to complete his service obligation. 10. During the processing of this case an advisory opinion was obtained from the United States Army Human Resources Command, St Louis, Missouri, Chief, Transition and Separations who states that the applicant is currently serving actively as a Medical Corp officer after receiving an appointment from the Army Medical Department (AMEDD) and that he cannot hold active status as both an AMEDD officer and a line officer (AG-Adjutant General). The Chief, Transition and Separations opines that transfer to the Standby Reserve requires that the Soldier physically complete a request for such transfer; that transfer to the Active Status List of the Standby does not remove the Soldier from promotion consideration; and that transfer to the Inactive Status List of the Standby does remove the Soldier from promotion consideration, however, assignment to the Inactive Standby is limited to key employees and general officers. The Chief, Transition and Separation recommends disapproval of the applicant's request as there are no substantiating documents reflecting his written request to transfer to the Standby Control Group. The Chief, Transition and Separation concluded his advisory opinion by stating that while the applicant may have been eligible to transfer under authority of paragraph 8-2b (Temporary Hardship), the reason for the transfer (removal from promotion consideration) would not have been applicable. 11. On 10 April 2007, a copy of the advisory opinion was forwarded to the applicant for his information and/or possible rebuttal. 12. He submitted a rebuttal on 25 April 2007 indicating that he was not seeking to hold status as both an AMEDD officer and as a line officer. In his rebuttal he repeats what he states in his application and he contends that he did suggest that he be transferred to the Inactive IRR because he knew that it would remove him from promotion consideration. He states that he made several telephone calls to try and explain his situation to individuals who he believed were the appropriate personnel within his chain of command; that he explained that he was in another country and not drilling with any unit; that he was in medical school; and that he did not have the resources available to complete a promotion packet. The applicant goes on to state that he was first commissioned as an officer on 16 June 1984 and not on 16 June 1985 as indicated in the advisory opinion; that he attempted to rejoin the Army in 1998 when he completed the paperwork and was given a physical examination; that as a result of being removed from the service in 1991, he encountered challenges in his reappointment; and that it was only after two years of persistence that he was allowed to return. The applicant concluded his rebuttal by providing a brief chronology of his Army service. 13. Army Regulation 140-10 provides for Army Reserve assignment, attachments, details and transfers. Section 4-26 identifies the conditions under which a Soldier is released from assignment to an IRR control group. It states that such a release is a result of a Soldier's voluntary or involuntary reassignment to the Selected, Standby, or Retired Reserve, or separation from the USAR. An IRR Soldier who is otherwise qualified my voluntarily request reassignment to a USAR Troop Program Unit (TPU) under the provision of chapter 2; an Individual Mobilization Augmentation per Army Regulation 140-145; the Retired Reserve per chapter 6; or the Standby Reserve per chapter 8. A request for assignment, reassignment or attachment to a USAR TPU will be submitted on a DA Form 4651 (Request for Reserve Component Assignment or Attachment) or on a DA Form 4187 (Request for Personnel Action). A Soldier assigned to the Standby Reserve will be placed on either the Active Status List or the Inactive Status List. Soldiers on the Inactive Status List may not train for pay or retirement point and are not eligible for promotion. Soldiers enrolled in a military school course or correspondence course when transferred to the Inactive Status List may complete the course. They will receive credit for the course on successful completion of the course. The Inactive Status List consists of key employees and general officers. DISCUSSION AND CONCLUSIONS: 1. The question in this case is whether or not the orders discharging the applicant from the USAR on 8 May 1992 should be voided and whether he should be retroactively appointed to the rank of captain. 2. The applicant has provided no evidence to show that the information contained in his records is in error or unjust. Although he contends that he made numerous telephone calls to individual who he believed were the appropriate contacts regarding his desire to be placed in an inactive status, he has provided no evidence to support this contention. 3. The evidence of record indicates that he was passed over for promotion twice and as a result, he was properly discharged from the USAR. While he contends that he should have been transferred to inactive status once he notified officials that he was in school in the West Indies, he has provided no documentation to show that he ever contacted anyone regarding his desire to be transferred. 4. Additionally, he admits that he did not submit a request for reassignment and in accordance with applicable regulation, Soldiers on the Inactive Status List consists of key employees and general officers. Based on the available information, he did not meet the criteria for placement on the Inactive Status List. 5. In order to justify correction of a military record the applicant must show or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement. 6. In view of the foregoing, there is no basis for voiding the orders discharging him from the USAR and for retroactive promotion to the rank of captain. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __RMN__ __DLL___ __ENA__ 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. ____Eric N. Anderson_______ CHAIRPERSON INDEX CASE ID AR20070003278 SUFFIX RECON DATE BOARDED 20071120 TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION DENY REVIEW AUTHORITY ISSUES 1. 310 131.0000/RETROACTIVE PROMOTION 2. 3. 4. 5. 6.