MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            3 May 2000
	DOCKET NUMBER:   AR1999033958

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Ernest W. Lutz, Jr.		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A -  Application for correction of military 
                             records
	Exhibit B -  Military Personnel Records (including
	                  advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be granted an extension to his mandatory removal date (MRD).

APPLICANT STATES:  He requests that his MRD be extended based on his having had a break in service between 20 May 1972 and 20 May 1975.  He indicates that he was not assigned to the USAR Control Group (Standby) until 
17 August 1973 and effectively was not in the system until he joined a Reserve unit on 7 August 1977.  

EVIDENCE OF RECORD:  The applicant's military records show:

On 20 May 1972, the applicant was commissioned a 2nd lieutenant in the USAR from the Third U.S. Army Control Group (ROTC), the Citadel, Charleston, South Carolina.  The applicant was placed in an inactive Reserve status pending resolution of his request to be released from his active duty obligation by reason of personal hardship.  

The applicant was notified by the Army Reserve Personnel Command (ARPERSCOM) that he could not be discharged from the USAR.  However, they did favorably consider his request to be placed in the Standby Reserve.  This action was codified in Orders Number 8-0333, issued by the First Reserve Officers Training Corps Region, Fort Bragg, North Carolina, dated 17 August 1973.  This order released the applicant from his active duty obligation and assigned him to the USAR Control Group (Standby).  He served in that status until 7 July 1977, at which time he was assigned to the 941st Transportation Company, Charleston, South Carolina, a Troop Program Unit (TPU) of the USAR Ready Reserve.  

Between 1977 and the present the applicant has served in various positions within Ready Reserve transportation units in Charleston.  This has included but was not limited to service as a platoon leader, company commander, vessel operations officer, vessel chief, assistant brigade operations officer, and detachment commander.  He was promoted to his current rank of lieutenant colonel on 4 April 1998 and is currently serving as a battalion commander of the 1182nd Transportation Terminal Battalion. Charleston, South Carolina.  

The record contains a ARPERSCOM Form 249-2-E (Chronological Statement of Retirement Points) which indicates that as of 20 June 1998 the applicant had attained 21 years of service qualifying for retirement and a total of 1796 creditable points.  

On 27 September 1999, the applicant requested an extension to his MRD.  His justification for this request was that he had a break in service from the time he was commissioned, 20 May 1972 until 20 May 1975 when he first joined a TPU of the Ready Reserve.  This request was supported by his unit commander who submitted a memorandum of support, dated 16 October 1999.  

On 4 January 2000, the ARPERSCOM transition and separations branch provided a memorandum pertaining to the applicant’s request.  The statement indicates that the applicant accepted his commission as a USAR officer on 
20 May 1972 and continuously served in the USAR since that date.  They further commented that, under the provisions of Title 10 of the United States Code, Section 14506 (10 USC 14506), each reserve officer of the Army who holds the grade of lieutenant colonel and who is not on a list of officers recommended for promotion to the next higher grade shall be removed from that list, under the provisions of 10 USC 14514, on the first day of the month after the month in which the officer completes 28 years of commissioned service.  In the applicant’s case this MRD was established as 1 June 2000.  

This ARPERSCOM opinion also indicates that 10 USC 14706 states that a USAR officer’s years of service includes all service, other than constructive service of the officer as a commissioned officer of any uniformed service.  Based on this requirement, they opined that the applicant’s service in the Standby Reserve cannot be excluded from the computation of his maximum allowable years of service. 

Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers) prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer U.S. Army Reserve (USAR) soldiers.  Chapter 7 contains guidance on the removal from Active Status.  Paragraph 7-2 provides the rules for removing members for length of service.  It states, in pertinent part, that lieutenant colonels will be removed 30 days after they complete 28 years of commissioned service.  

Section 14706 of 10 USC, governs the computation of total years of service.  It states that for the purpose this chapter and chapter 1407 of title, which contains guidance on the removal from the Reserve active-status list for years of service of Reserve lieutenant colonels of the Army, a Reserve officer's years of service includes all service, other than constructive service, of the officer as a commissioned officer of any uniformed service. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  After a careful review of the evidence of record and the independent evidence submitted by the applicant, the Board found no basis for granting relief in this case.  The regulations and law governing the removal of Reserve lieutenant colonels for length of service clearly establishes that all Reserve service will be used in computing maximum allowable years of service.  

3.  The Board noted the applicant’s desire to continue to serve in the active Reserve, the strong recommendation of his unit commander that he be retained, and his outstanding record of service.  However, these factors do not provide sufficient justification, under the law, to retain the applicant in the active Reserve. 

4.  The applicant does not fall into any exception categories provided for by law, which would allow an exception to be granted to his removal from the active Reserve based on his having reached his maximum allowable years of service.  Therefore, the Board has no basis on which to grant the relief requested by the applicant. 

5.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__ewl____  _rvo____  ___jhk___  DENY APPLICATION

						Karl F. Schneider
						Director, Army Review Boards Agency

INDEX

CASE ID	AR1999033956	
SUFFIX		
RECON		
DATE BOARDED	2000/05/03	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 332	135.0000	
2.		
3.		
4.		
5.		
6.