ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


                   IN THE CASE OF:

	BOARD DATE:  2 April 2019

	DOCKET NUMBER:  AR20170007296


APPLICANT REQUESTS:  adjustment of his mandatory removal date (MRD) from 31 May 2020 to 31 March 2021.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record under the Provisions of Title 10, U.S. Code, Section 1552), dated 3 May 2017
* New Mexico Army National Guard (ARNG) Joint Forces Headquarters Memorandum for Record, dated 26 April 2017, subject:  Correction of Records for (Applicant)
* National Guard Bureau (NGB) Special Orders Number 282 AR, dated 10 October 2002
* NGB Form 22 (Report of Separation and Record of Service)
* U.S. Army Total Personnel Command Memorandum, dated 16 May 2000, subject:  Notification of Promotion Status
* U.S. Total Army Personnel Command Memorandum, dated 26 April 2001, subject:  Notification of Promotion Status
* U.S. Total Army Personnel Command Memorandum, dated 22 May 2002, subject:  Promotion Consideration
* NGB Form 23 (ARNG Retirement Points History Statement), dated 26 April 2017

FACTS:

1.  Having prior honorable enlisted service in the ARNG, the applicant was appointed as a Reserve commissioned officer in the rank of second lieutenant on 8 May 1992.  He executed an oath of office for appointment as a Reserve commissioned officer in the New Mexico ARNG the same date.

2.  The applicant states:

	a.  During the period 30 September 2001 to 11 July 2002, he had a break in service and he was removed from the Army.

	b.  Upon being reinstated in the U.S. Army and ARNG, his MRD should have been adjusted by adding approximately 8 months to account for his separation time.  His current MRD of 31 May 2020 should be changed to 31 March 2021.

	c.  The break in service was coded inaccurately, placing him in the Individual Ready Reserve (IRR).  A separation board removed him from commissioned service due to an educational requirement, which was met but not documented in his Official Military Personnel File (OMPF).  This action required him to request a special board to reinstate his commission.

	d.  The error was identified during a Retirements Points Accounting System review.  The error effects his available time to serve in uniform, to include his ability to meet Army regulation requirements to apply for military education and benefits.

3.  The applicant provided a memorandum for record from the Personnel Management Officer, Joint Forces Headquarters-New Mexico, dated 26 April 2017, who stated:

	a.  A review of the applicant's OMPF determined he was incorrectly placed in the IRR on 2 October 2001.

	b.  He was a second time non-select for promotion on 26 April 2001 due to lack of educational qualification.  According to his memorandum of notification for separation, his discharge was 1 October 2001.  His NGB Form 22 indicates he was then placed in the IRR.

	c.  There is no indication in the applicant's OMPF that he had a military service obligation.  According to the NGB Form 22 on file, the applicant had a total of 10 years of service at the time of separation.  Based on this information, the applicant should have been separated from the military, not transferred to another component.

	d.  On 22 May 2002, a Standby Advisory Board convened which determined his lack of educational qualification was in error.  Based on this determination, he was transferred from the U.S. Army Reserve Control Group (IRR) to the New Mexico ARNG on 12 July 2002.  The Federal recognition process to access the applicant into the New Mexico ARNG was a transfer, not a reappointment.

	e.  Adjusting his records to indicate the break in service would adjust his Pay Entry Basic Date (PEBD), potentially causing pay issues.  Since he should not have had a military status at the time he was brought back into the New Mexico ARNG, his appointment was done incorrectly.

	f.  If his records are adjusted to read a break in service rather than transfer to the IRR, the following adjustments to his service dates should be made:

		(1)  current PEBD of 2 October 1991 changed to 12 July 1992 and

		(2)  current MRD of 31 May 2020 changed to 31 March 2021.

	g.  There is no indication in the applicant's records that his dates of promotion should be changed since this adjustment would not have affected his promotion eligibility date to captain.

4.  NGB Special Orders Number 282 AR, dated 10 October 2002, show he transferred from the U.S. Army Reserve on 12 July 2002.

5.  On 11 December 2018, the Chief, Special Actions Branch, NGB, provided an advisory opinion in which he recommended approval of the applicant's request.  He restated findings from the memorandum for record from the Personnel Management Officer, Joint Forces Headquarters-New Mexico, dated 26 April 2017, recommending adjustment of the applicant's MRD to 31 March 2021.  The advisory opinion was coordinated with the ARNG Officer Policy Branch and the New Mexico ARNG concurred with the recommendation.

6.  On 12 December 2018, a copy of the advisory opinion was sent to the applicant for review and for an opportunity to respond.  The applicant did not respond.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was warranted.  Based upon the statements, documentary evidence provided by the applicant and based upon the advisory opinion from the National Guard, the Board recommended relief.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

	X	X	X	GRANT FULL RELIEF

:		:	:	GRANT PARTIAL RELIEF

:		:	:	GRANT FORMAL HEARING

:		:	:	DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
	a.  showing he was discharged from the Army National Guard and Reserve of the Army on 1 October 2001, 
	b.  showing he was reappointed in the Army National Guard and as a Reserve of the Army on 12 July 2002,
	c.  amending his current Pay Entry Basic Date to show 12 July 1992 and
	d.  amending his Mandatory Removal Date to show 31 March 2021.

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.





REFERENCES:

Army Regulation 135-91 (Service Obligations, Methods of Fulfillment, Participation Requirements, and Enforcement Provisions) prescribes policies and procedures governing the various types of service obligations, participation requirements, and enforcement procedures regarding unsatisfactory participation.

	a.  Paragraph 2-1 states the statutory military service obligation can be terminated by the Army prior to its fulfillment.  Separation due to discharge, dismissal, or being dropped from the rolls of the Army terminates a Soldier's statutory obligation.  The statutory obligation is not terminated, however, when the Soldier is separated for immediate reentry into the same or another military status.

	b.  Table 2-1 shows the statutory military service obligation for an officer is 8 years.


ABCMR Record of Proceedings (cont)	 AR20170007296
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