IN THE CASE OF: BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150016690 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____x___ ___x____ ___x____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150016690 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adjusting his chronological statement of retirement points to show he completed 20 UTAs for the period 1 May 2013 through 18 September 2013 and paying him for this service. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to: a. extending his MRD from 1 September 2015 to 1 February 2016; and b. providing him additional pay other than pay for lost wages for the above UTAs. _____________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. IN THE CASE OF: BOARD DATE: 28 March 2017 DOCKET NUMBER: AR20150016690 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, in effect, an adjustment of his chronological statement of retirement points and pay for 20 unit training assemblies (UTAs) for the period 1 May through 18 September 2013. He also requested an extension of his mandatory removal date (MRD) from 1 September 2015 to 1 February 2016. 2. The applicant states, in effect, the U.S. Army Reserve (USAR) erroneously established his MRD as 30 April 2013. This mistake was corrected by orders dated 18 September 2013 revoking the original retirement orders. Due to this error, he was unable to attend five drill weekends between May and September 2013. He was unable to conduct inactive duty training (IDT) and weekend drills with his unit. 3. The applicant provides: a. The following Orders from Headquarters, 88th Regional Support Command, Fort McCoy, WI 54656-5241: * Orders 13-032-00131, dated 1 February 2013 * Orders 13-261-00003, dated 18 September 2013 * Orders 15-190-00003, dated 9 July 2015 b. He also provided: * Orders C-03-503768, U.S. Army Human Resources Command, Fort Knox, KY 40122 * Joint Cyber Reserve Unit (JCRU) Training Calendar for Fiscal Year 2013 4. Additionally, subsequent to the receipt of his response to the advisory opinion he provided: * DA Form 1559 (Inspector General Action Request), dated 29 July 2015 * Email, dated 30 August 2015 CONSIDERATION OF EVIDENCE: 1. The applicant's records show he was born in March 1960. 2. A letter issued by Headquarters, U.S. Army First Reserve Officers' Training Corps (ROTC) Region, Fort Bragg, NC, dated 22 August 1985, and a DA Form 71 (Oath of Office – Military Personnel) shows the applicant was appointed as a Reserve commissioned officer in the Army in the rank of second lieutenant, effective 22 August 1985. 3. A memorandum issued by the U.S. Army Human Resources Command, St. Louis, MO, dated 26 May 2005, notified the applicant of eligibility for retired pay at age 60 (Twenty Year Letter). 4. Orders issued by Headquarters, 88th Regional Support Command, Fort McCoy, WI, pertaining to the applicant, show: • Orders 13-032-00131, dated 1 February 2013, reassigned him to the Retired Reserve, AR-PERSCOM (currently known as the U.S. Army Human Resources Command), St. Louis, MO, effective 30 April 2013 • Orders 13-261-00003, dated 18 September 2013, revoked Orders 13-032-00131, and the assignment to the Retired Reserve 5. The applicant was promoted to the rank/grade of colonel (COL/O-6) on 1 December 2013. 6. U.S. Army Human Resources Command, Fort Knox, KY, Orders C-03-503768, dated 12 March 2015, show the applicant was voluntarily released from the U.S. Army Reserve Control Group (Reinforcement) and he was assigned to Offutt Air Force Base, NE, effective 12 March 2015. 7. Headquarters, 88th Regional Support Command, Fort McCoy, WI, Orders 15-190-00003, dated 9 July 2015, show that effective 1 September 2015, the applicant was released from his current assignment for maximum authorized years of service and assigned to the Retired Reserve. 8. On 29 July 2015, the applicant completed and signed a DA Form 1559 requesting an adjustment of his MRD for the time he spent in the Retired Reserve. 9. The applicant also provides a copy of an email conversation between him, LTC John J___ (SLDO), and Ms. Sara M____ (Office of the Chief, Army Reserve). 10. The applicant provided a copy of the JCRU FY13 Training Calendar, dated 1 October 2012. This calendar shows there were 20 drills scheduled during this period. 11. In connection with the processing of this case, an advisory opinion was obtained from the Chief, Personnel Management Division, U.S. Army Reserve Command, Fort Bragg, NC, dated 19 September 2016. a. This advisory official referenced Title 10, United States Code (USC), Section 14507 (Commissioned officers: removal from the reserve active-status list for years of service). b. This advisory official’s review of the applicant’s record indicates that at the time of his transfer to the Retired Reserve, he had an erroneous MRD. Therefore, he should not have been removed from his Reserve status without his consent. This affected his UTA attendance and the performance of his duties in the Army Reserve from 1 May 2013 through 18 September 2013. c. It is also noted that during this time period he was unable to attend UTAs; therefore, he could not receive pay and/or retirement points for his eligibility for retirement pay at age 60. His orders were revoked and his records were corrected to reflect the appropriate MRD, allowing him to return to the reserve active-status list. d. Additionally, this advisory official states that, as the applicant was incorrectly transferred to the Retired Reserve, it is in the best interest of the officer and the Army Reserve to correct his record to reflect he completed 20 UTAs based on the erroneous MRD. 12. On 19 September 2016, the applicant was provided a copy of the advisory opinion in order to have the opportunity to comment. 13. The applicant responded to the advisory opinion by requesting that the ABCMR accept the advisory opinion in whole, including credit for retirement points for 20 UTAs, and retroactive pay and allowances (drill pay) for the period 1 May 2013 through 18 September 2013. REFERENCES: 1. Army Regulation 140-185 (Training and Retirement Point Credits and Unit Level Strength Accounting Records) prescribes the types of training and activities for which retirement points are authorized and the procedures for recording retirement point credits and training for USAR Soldiers. Retirement points may be earned by USAR Soldiers for active duty (AD), or while in an active Reserve status, for active duty for training (ADT), initial active duty for training (IADT), involuntary active duty for training (involuntary ADT), annual training (AT), IDT, Reserve membership, and for other specified activities. 2. Army Regulation 140-10 prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer USAR Soldiers. a. Paragraph 7-1 (Removal from Active Status): Soldiers removed from active status will be discharged or transferred to the Retired Reserve except as stated in (1) and (2) below. Transfer to the Retired Reserve is authorized when requested by Soldiers who are eligible. b. Paragraph 7-2 (Length of Service): LTCs are removed on the earlier of the following dates except as shown in (2), below. The actual removal date will be 30 days after (a) they complete 28 years of commissioned service if under age 25 at initial appointment, and/or (b) their 53rd birthday if age 25 or older at initial appointment. c. Paragraph 7-11 (General Exceptions) (b) (Erroneous removal from an active status): The removal of a Soldier from active status becomes void if the removal was contrary to law. When the erroneous removal is discovered, the Soldier will be allowed to resume active participation in the Reserve. Removal orders will be revoked to clarify the record and the Soldier’s active status will be confirmed. 3. Title 10 USC 14507 (Removal from the reserve active-status list for years of service: Reserve lieutenant colonels and colonels of the Army) states, unless continued on the reserve active-status list under section 14701 or 14702 of this title or retained as provided in section 12646 or 12686 of this title, each reserve officer of the Army who holds the rank of colonel and who is not on a list of officers recommended for promotion to the next higher grade shall (if not earlier removed from the reserve active-status list) be removed from that list under section 14514 of this title on the first day of the month after the month in which the officer completes 30 years of commissioned service. DISCUSSION: 1. The applicant's contention that his records should be corrected to show he completed 20 UTAs with pay and allowances, and extending his MRD from 1 September 2015 to 1 February 2016 was carefully considered. 2. The evidence of record confirms that at the time of his transfer to the Retired Reserve, he had an erroneous MRD. Therefore, he should not have been removed from his Reserve status without his consent. This affected his UTA attendance and performance of his duties in the Army Reserve. 3. In accordance with Title 10, USC, Section 14507, Army Reserve Officers in the grade of colonel who are not on a list to be promoted to Brigadier General shall be removed on the first day of the month after the month in which the officer completes 30 years of commissioned service or age 60, whichever comes first, unless the officer is retained or removed under another provision of law. 4. The order transferring the applicant to the Retired Reserve was revoked. Revocation removes the transaction as if it never occurred. No adjustment to the commissioned service date can be made; therefore, his MRD cannot be extended past his maximum years of service authorized by law. 5. The advisory official found that the evidence supports correcting his record to show he was credited with retirement points for 20 UTAs for the period 1 May through 18 September 2013. Accepting the advisory official's conclusion would be a basis for awarding the applicant all pay and allowances that he would have earned for those UTAs. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016690 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016690 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2