BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20160012031 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ ___x_____ __x______ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20160012031 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. BOARD DATE: 8 November 2016 DOCKET NUMBER: AR20160012031 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 his mandatory removal date (MRD) be changed to 30 June 2022 vice 30 June 2018 (i.e. 1 June 2022 vice 1 June 2018). 2. The applicant states: a. He is requesting an exception to policy (ETP) for an extension beyond his MRD from 1 June 2018 to 1 June 2022. He received a Reserve commissioned officer appointment from the New Mexico (NM) Military Institute in May 1990 through the Early Commissioning Program (ECP). As such, he was not considered branch qualified until after receiving his undergraduate degree and completing the Aviation Officer Basic Course (OBC) in 1993. Neither when he contracted through the ECP on 27 July 1988, nor while he was a Military Science (MS) cadet from 27 July 1988 to 11 May 1990, was he ever counseled by either the Tactics and Control (TAC) officers or the Professors of MS (PMS) on the impact of his early commissioning on his respective MRD for continued service. b. The Army at the time did not focus on providing information to them on the potential impact of this injustice upon their careers. In 1988, there were no options for reference and research on the impact as exists today on the Internet. Further, he is a pre-Reserve Officer Personnel Management Act (ROPMA) officer. ROPMA mandated extended time in service (TIS) requirements for Army Reserve officers before being considered for promotion. This extended timeline required him to serve as a second lieutenant (2LT) for 3 years and as a first lieutenant (1LT) for 5 years before he was eligible to be considered for promotion to captain (CPT). While giving him additional time in operational assignments, all of these circumstances limited his promotion and professional development educational (PDE) opportunities. c. He was also mobilized for 8 years in direct support of the Global War on Terrorism (GWOT). This duty was in three different combat zones as well as outside the continental United States (OCONUS) and (CONUS) installations. While serving in these assignments, he was unable to apply for PDE boards compared to his peers serving in troop program unit (TPU) positions; this effectively put him in promotion peril. He has overcome many of these previous obstacles but his MRD severely restricts his capacity to seek out new opportunities for PDE and career advancement. It is for these reasons that he respectfully requests consideration for an ETP for extension beyond his MRD by 4 years from 1 June 2018 to 1 June 2022. 3. The applicant provides: * DD Form 4 (Enlistment/Reenlistment Document - Armed Forces of the United States), dated 27 July 1988 * DA Form 597 (Army Senior Reserve Officers' Training Corps (ROTC) Student Contract), dated 27 July 1988 * four orders, dated between 30 March 1990 and 17 April 2011 * DA Form 71 (Oath of Office - Military Personnel), dated 11 May 1990 * four memoranda, dated between 11 May 1990 and 13 September 2004 * DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 7 July 2009 to 5 July 2012 CONSIDERATION OF EVIDENCE: 1. The applicant was born on 1 April 1970. On 27 July 1988, he enlisted in the U.S. Army Reserve (USAR) as a cadet and enrolled in the ROTC program at NM Military Institute, Roswell, NM. He was awarded an associates' degree in May 1990. 2. On 11 May 1990, by memorandum, he was appointed as a 2LT Reserve commissioned officer for an indefinite term. On 11 May 1990, he executed an Oath of Office and accepted his appointment as a 2LT Reserve officer; he was subsequently assigned to the USAR, 7th Squadron, 6th Aviation Regiment, Conroe, TX. On 27 August 1990, he enrolled at Northeastern State University (NSU), OK. 3. He entered active duty for training (ADT) on 24 January 1993. He attended and successfully completed the Aviation OBC conducted at Fort Rucker, AL, from 25 January to 22 February 1993. 4. On 8 May 1993, he was awarded his baccalaureate degree from NSU. On 30 May 1993, he was promoted as a 1LT Reserve officer. 5. He attended and successfully completed the Initial Entry Rotary Wing (UH-1) course conducted at Fort Rucker, from 7 April 1993 to 18 February 1994. He was honorably released from ADT on 14 May 1994 to the control of his USAR unit. 6. He served continuously in the USAR throughout several periods of active duty service in a variety of CONUS and OCONUS assignments including three deployments to Afghanistan, Bosnia, and Kosovo. He was promoted as a Reserve officer to CPT on 25 June 1998 and major (MAJ) on 10 September 2004. 7. On 17 June 2010, by memorandum, the U.S. Army Human Resources Command (HRC) issued him a Twenty-Year Letter. This memorandum notified him that he had completed the required years of service and would be eligible for retired pay upon application at age 60. 8. On 15 March 2011, he was promoted as a lieutenant colonel (LTC) Reserve officer. On 5 July 2012, he was assigned to the USAR Control Group (Individual Ready Reserves (IRR). 9. On 25 August 2016, he was assigned to the USAR Sustainment Command, U.S. Army Aviation and Missile Command, Huntsville, AL. 10. A review of the HRC Soldier Management System shows his MRD as 1 June 2018. 11. In the processing of this case an advisory opinion was received on 5 October 2016 from the Chief, Personnel Management Division, USAR Command (USARC). The advisory official opined: a. There is no error or injustice in the applicant's MRD calculation. While LTC and colonel (COL) MRDs for maximum years of service in grade were revised due to implementation of Title 10, U. S. Code (USC), section 14507, under ROPMA, the change applied to all commissioned officers, not just the applicant (emphasis added). Therefore, he was neither advantaged nor disadvantaged any more than any other Reserve Component (RC) officer with a similar amount of commissioned service or in the same grade. b. A review of the applicant's statement of retirement points confirms he accrued qualifying years of service for each year beginning from his commissioning date until his release from active duty to the IRR on 5 July 2012. Therefore, his actual service does not support his claim that he did not understand the effect of early commissioning since he began performing all required unit training assemblies and annual training periods immediately upon commissioning in the same manner as any other newly commissioned LT. Accordingly, at present he has accrued 25 years of qualifying service for a non-regular retirement. c. While Title 10, USC, section 14701, authorizes the Secretary of the Army to retain LTCs beyond their MRD up to a maximum limit of 33 years of commissioned service, under Department of Defense (DOD) policy established in DOD Instruction (DODI) 1320.08, retention is limited to officers with particular skills needed in the RC. d. Army Regulation (AR) 135-155 (Army National Guard (ARNG) and USAR - Promotion of Commissioned Officers and Warrant Officers other than General Officers) implements the provisions of Title 10, USC, section 14701, and DODI 1320.08 and requires a selective continuation board (SCB) be convened when the needs of the Army Reserve justify continuing RC officers in the grade of LTC or COL. At present, SCBs are not being convened to continue RC LTCs or COLs. Based on the discussion above, the applicant's MRD of 1 June 2018 is correct and the USARC G-1 recommends disapproval of his request. 12. In a response to the advisory opinion, dated 19 October 2016, the applicant stated: a. His commissioning year group through the ECP is 1990. As the advisory official points out, he did join an USAR unit that same year. However, per AR 135-155, table 2-2 and note 7, he was not considered branch qualified because he had not attended OBC. In 1990, HRC had a 2 year wait list for Reserve officers attending Aviation OBC. Further, due to the mandates of AR 623-3 (Evaluation Reporting System), paragraph 2-10a, he was not issued an officer evaluation report (OER) on the duties he performed while assigned to his unit during that time. In fact, he did not receive his first OER until after he completed the AH-64A qualification course in February 1995. It was only at that point that he was considered Aviation branch qualified by Army regulations. b. These impediments created a hardship which did not make him competitive for further schooling opportunities and subsequent promotions compared to his year group counterparts that had completed OBC and had received OERs, even taking into consideration Title 10, USC, section 14507, and ROPMA regulations that were in effect at the time and referenced by the USARC advisory official. It is for these reasons that he is requesting an extension of his MRD. 13. With his response, the applicant provided: * DA Form 1059 (Service School AER), dated 13 March 1995 * DA Form 67-8 (OER) for the rated period 7 December 1994 through 9 September 1995 * two pages of AR 135-155 * one page of AR 623-3 REFERENCES: 1. AR 145-1 (Senior ROTC Program: Organization, Administration, and Training), chapter 6, prescribes the requirements for the ECP. It states that ROTC graduates may be commissioned under the provisions of the ECP provided they are graduates of a military junior college (MJC). Acceptance of an early commission terminates cadet status and subsistence or further scholarship benefits are not authorized. MJC graduates are eligible for appointment under the ECP provided they have completed all ROTC requirements, have less than 36 months remaining to complete baccalaureate degree requirements after being commissioned, and must have an official letter of acceptance to an accredited baccalaureate degree granting 4-year institution. MJC graduates commissioned under the provisions of the ECP will join an ARNG or USAR unit. 2. AR 135-155 prescribes the policies and procedures for the promotion of RC officers. Table 2-1 states the minimum time in grade (TIG) requirements for promotion from 2LT to 1LT is 24 months. Table 2-2 states the military education requirements for promotion from 2LT to 1LT requires completion of the resident officer basic course (OBC) except in certain circumstances. Note 7 states ROTC cadets appointed under the ECP on or after 1 February 1987 are required to complete resident OBC prior to promotion to 1LT. 3. AR 140-10 (Army Reserve - Assignments, Attachments, Details, and Transfers) provides, with some exceptions, for the separation of MAJ, LTC, and COL for maximum age and/or length of service. It specifies a 1LT, CPT, MAJ, and LTC shall be removed on the earliest of the following dates: at 28 years of commissioned service if under age 25 at the time of the initial appointment or on their 53rd birthday if age 25 or older at the initial appointment. 4. Title 10, USC, section 14507, provides, in part, that a commissioned officer who holds the rank of LTC 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 28 years of commissioned service. DISCUSSION: 1. The applicant requests his MRD be adjusted to 1 June 2022 as he contends he disadvantaged as a result of his appointment as a 2LT Reserve officer in the ECP. 2. Notwithstanding the applicant's contentions, as stated by the advisory official, there was no error or injustice. Because he was commissioned in the USAR on 11 May 1990, his MRD was properly established as 1 June 2018 based on his initial appointment date. MRDs are not established based on the date an officer becomes branch qualified. As an operation of law, the maximum length of service for a Reserve LTC is 28 years commissioned service. 3. There are no provisions to adjust a RC officer's MRD because of initial appointment under the ECP or because he was not eligible for promotion to 1LT until completion of OBC. Changing his MRD to a later date would be contrary to law and is not within the purview of this Board. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012031 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012031 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2