IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150010537 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 mandatory removal/retirement date (MRD) to reflect 1 August 2023. 2. The applicant states: * he was called to active duty from the U.S. Army Reserve on 14 August 2006 and his MRD was not adjusted at that time to reflect a new MRD * when he was notified of a correction to his MRD on 21 June 2010, he immediately became eligible for command and War College boards for the first time * this error caused him to receive no previous below-the-zone or primary zone reviews for these boards * his new MRD was not reflected in the board system and resulted in his inability to compete in boards * it was not until being selected by the 2013 Selective Enhanced Retirement Board that he realized this error in the system had such a negative impact on his career, promotion to colonel, and retention in the Army * this error resulted in his forced early retirement * he has exhausted all remedies available to him and has worked through his branch manager to remain on active duty, but was informed his only recourse is to petition the Army Board for Correction of Military Records 3. The applicant provides: * a brief explanation of enclosures * copies of email correspondence with officials at U.S. Army Human Resources Command * Officer Record Brief (ORB), dated 21 June 2010 * ORB, dated 11 May 2015 * U.S. Army Human Resources Command Order Number 065-002, dated 6 March 2007 * U.S. Army Human Resources Command Orders A-08-690937, dated 23 August 2006 * U.S. Army Human Resources Command Orders A-08-690937R, dated 6 November 2006 * U.S. Army Human Resources Command Orders A-11-628038, dated 6 November 2006 CONSIDERATION OF EVIDENCE: 1. The applicant enlisted in the U.S. Marine Corps Reserve on 30 May 1979 and served until 22 August 1980 when he was discharged to pursue Reserve Officer Training Corps instruction. After a break in service, he was appointed as a commissioned officer in the U.S. Army Reserve on 8 July 1983. 2. On 7 August 2002, he received notification of his eligibility for retired pay at age 60 from the U.S. Army Reserve Personnel Command. 3. On 23 December 2004, he was promoted to the rank of lieutenant colonel. 4. U.S. Army Human Resources Command Orders A-08-690937, dated 23 August 2006, ordered him to active duty in a voluntary indefinite status with a minimum 3-year active duty service obligation to fulfill an Active Army requirement at Fort Riley, Kansas, with a reporting date of 25 February 2007. 5. U.S. Army Human Resources Command Orders A-08-690937R, dated 6 November 2006, revoked the aforementioned active duty orders to Fort Riley and in their stead U.S. Army Human Resources Command Orders A-11-628038 were issued ordering him to active duty for a 3-year active duty commitment to fulfill an Active Army requirement at Fort Shafter, Hawaii, with a reporting date of 1 December 2006 and a projected ending date of 30 November 2009. 6. He provided email correspondence between himself and officials at U.S. Army Human Resources Command from May and June 2010. Upon completion of his active duty tour in Hawaii, it appears he inquired about a follow-on assignment to allow him to remain on active duty, preferably overseas, at which time he was informed that his MRD was 1 August 2011 according to his ORB. He was asked whether he completed a service computation when he entered active duty and was advised to do so in order to be placed on orders taking him beyond his then current MRD or to request retirement in lieu of an assignment if he had enough time in service to retire. On 21 June 2010, another official from the U.S. Army Human Resources Command Leader Development Division provided the applicant with an updated service computation and adjusted his MRD to 1 August 2023. That service computation used to arrive at this MRD is not available for review in either the applicant's records or in the documents he provided. 7. On 23 July 2010, the applicant appealed a change-of-rater officer evaluation report covering the period 29 November 2006 through 1 October 2007 while serving in the rank of lieutenant colonel. On 29 October 2010, his appeal was unanimously denied by the Officer Special Review Board. 8. The Fiscal Year 2013 Lieutenant Colonel Selective Enhanced Retirement Board selected the applicant for involuntary separation subsequent to which his MRD was adjusted to 31 January 2019. 9. In the preparation of this case, an advisory opinion was sought from the Chief, Officer Retirements and Separations Branch, U.S. Army Human Resources Command. The advisory opinion, dated 17 August 2015, stated: a. The advisory opinion relates to the applicant's corrected MRD and his perception that the corrected MRD negatively impacted his career and his selection by the Fiscal Year 2013 Lieutenant Colonel Selective Enhanced Retirement Board for involuntary separation. b. As the Army reduces in size to meet the Congressionally-mandated active duty end strength, the officer corps must also decrease. In order to achieve these reductions, some of the Army's experienced and professional officers will be required to separate. These officer separation boards, convened under the authority of Title 10, U.S. Code, consisted of general officers who assessed the record of each officer in the considered population and determined the officers with the greatest potential for continued service and those for separation. c. The information considered by the board included officer evaluation reports, commendation information, and disciplinary information. The applicant's selection for separation was based on the board's overall assessment of his performance and potential for future service compared to his peers. The Secretary of the Army approved the board list and the board result is final. d. The applicant's selection by this board was not influenced or informed by circumstances surrounding the adjustment of his MRD in 2010. During the period of 2006 through 2010, the applicant chose not to compete for Senior Service College. However, he did compete for command in Fiscal Year 2013, but he was not selected. 10. The applicant was provided a copy of advisory opinion and given an opportunity to respond. He responded on 14 September 2015, stating: a. He was denied the ability to fairly compete in or decline to compete in any U.S. Army Human Resources command board for Army command or Senior Service College from 2006 through 2011 due to his MRD not being corrected when he was recalled to active duty. It was only after his branch manager corrected his MRD following a 21 June 2010 email that he began receiving official email notifying him he was eligible to compete in Army command boards. b. The advisory opinion is incorrect and provided no proof of his declination of any board from 2006 through 2011. The advisory opinion is correct in stating that he competed in the Fiscal Year 2013 Command Screening Board and was not selected. That was his first and last participation in a command board as he was already above the zone for promotion. c. He has never received notification from the U.S. Army Human Resources Command stating he was eligible to compete for Senior Service College. In his personal time he completed the Air War College Non-Resident Course (listed on his ORB), which is not equivalent to attendance at a resident War College and does not give him credit for military education level four. d. The above circumstances placed him at a major disadvantage for promotion and was a negative influence on the Fiscal Year 2013 Lieutenant Colonel Selective Enhanced Early Retirement Board. He was compared to his lieutenant colonel peers who had an average of six reviews for command and opportunities to attend a resident War College. He was not afforded the same opportunities as his peers due to his incorrect MRD when he was called to active duty which was not his error. His erroneous MRD excluded him from the above-mentioned boards and only after it was corrected in 2010 did he compete in any official boards. This error resulted in his selection for early retirement and the resetting of his MRD to January 2019. He requests correction of his MRD to 1 August 2023 to compensate for this error. 11. Army Regulation 600-8-24 (Officer Transfers and Discharges) prescribes policies and procedures governing the transfer and discharge of Army officer personnel. It states unless earlier retired, a Regular Army or U.S. Army Reserve lieutenant colonel (not recommended for promotion) will retire the first day of the month after the month in which the officer completes 28 years of active commissioned service. A lieutenant colonel who has been nonselected for promotion two or more times and who is not on a list for promotion to colonel may be considered for selective early retirement by a duly-appointed board of officers. 12. According to the U.S. Army Human Resources Command website, a Soldier's MRD is based on the service documentation found in the Soldier's personnel record and may be changed in the databases upon receipt of additional documentation. The source document used to establish initial commissioning is the Soldier's first DA Form 71 (Oath of Office – Military Personnel) and appointment memorandum. a. As a general rule, lieutenant colonels must be separated upon reaching 28 years of commissioned service. If they are not on a promotion selection list for promotion to the next higher grade, they will be removed from the Reserve Active Status List upon reaching 28 years of commissioned service per Title 10, U.S. Code, section 14507(a). The date of appointment as a commissioned officer is the starting point for computing an officer's years of commissioned service. b. U.S. Army Human Resources Command provides an MRD calculator application to help determine an officer's MRD. The data an officer inputs to the MRD calculator application provides the officer with on-screen information to establish or verify information concerning officer MRDs. This calculator is designed to assist the U.S. Army Reserve, U.S. Army Human Resources Command, Regional Support Commands, and troop program units in the computation and validation of officer MRDs in automated personnel systems. The calculator uses the current rules provided by the Reserve Officer Personnel Management Act regarding MRDs. c. For most officers, the only break in years of commissioned service will be a complete discharge from the service followed by a reappointment action with at least a 24-hour break. A Reserve officer's years of service include all service of the officer as a commissioned officer of a Uniformed Service other than the following: service as a warrant officer (includes commissioned warrant officers); constructive service; and service after appointment as a commissioned officer of a Reserve Component while in a program of advanced education to obtain the first professional degree required for appointment designation, or assignment to a professional specialty, but only if that service occurs before the officer commences initial service on active duty or initial service in the Ready Reserve in the specialty that results from such a degree. The exclusion of this service does not apply to service performed by an officer who previously served on active duty or participated as a member of the Ready Reserve. The law does not apply to officers who served in the Simultaneous Membership Program. DISCUSSION AND CONCLUSIONS: 1. The applicant's request to correct his MRD to 1 August 2023 was carefully considered. 2. At the time of his call to active duty in 2006, his MRD was 1 August 2011. In 2010, his MRD was changed to 1 August 2023 following an updated service computation. That service computation is not in the applicant's available records for review. 3. There is no evidence that the applicant was prevented by his MRD or otherwise hindered from competing for Senior Service College or any command boards from 2006 through 2010. The evidence shows that after his MRD was adjusted in 2010, he only competed for command for Fiscal Year 2013 and was not selected. 4. His selection by the Fiscal Year 2013 Lieutenant Colonel Selective Enhanced Early Retirement Board for involuntary separation was based on a review of his officer evaluation reports, commendation information, and disciplinary information. His selection for separation was based on the board's overall assessment of his performance and potential for future service compared to his peers. There is no indication the board was not properly convened. 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 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) AR20150010537 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150010537 7 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1