ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  19 September 2019

	DOCKET NUMBER:  AR20170016624


APPLICANT REQUESTS: reinstatement into the United States Army Reserves (USAR) after being separated due to reaching the maximum age for the Mandatory Retirement Date (MRD).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 
DD Form 149 (Application for Correction of Military Record)

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states, 

	(1).  He was discharged from the US Army Active Reserve without notification of an impending discharge.  He reported to a scheduled November weekend drill to find that his name was no longer on the Unit roster.  He had not been notified not to report for duty.  He was sure that this was a mistake, and spoke with the UA (Unit Administrator) but was not given any reason.  He was eventually advised to speak to his Congressman.  After his diligence, he was able to clarify the issue.  His application had been returned to the UA on several occasions for corrections.  He was not informed of these issues.  He had spoken to the UA on several occasions regarding the application and was not made aware of any additional information required of him or that the application was problematic.  It was only after the Congressional review that he was given clarity of what had transpired.  He was aware of his MRD, however, the length of time that it took without an official notification of discharge, also led him to believe that his application might still be in process.  He did not receive a DD214 informing him of separation from the military, until the Congressman's office inquire about the matter.

	(2).  The request for an extension he submitted was in the required time.  He was not made aware that the application had been returned on several occasions for the UA to complete required information.  He was not made aware of any additional information required.  He did ask on several occasions, but was not notified of any problems with the application.  It is his belief that the error or errors made by the UA should not be the final factor in preventing him from completion of his desire to fulfill his intention to complete a career with the military.  As with many, it has indeed been an honor and privilege to serve and to sacrifice.

3.  A review of the applicant’s service record reveals:

	a.  The applicant was appointed as a Reserve commissioned officer of the Army and executed an oath of office on 17 May 2000.  His date of birth is 7 October 1954.

	b.  He served in a variety of stateside or overseas assignments and he was promoted to lieutenant colonel (LTC) 7 October 2003.  He was mobilized for Enduring Freedom and served on active duty from 4 August 2006 to 28 November 2006.

	c.  He was honorably released from active duty on 28 November 2006 under the provisions of AR 600-8-24 (Completion of Required Active Service).

	d.  On 14 October 2014, he was honorably discharged from the USAR at the rank of colonel (COL) under the provisions of Army regulation 135-175 (Separation of Officers), at the age of 60 years and 7 days old.

4.  By regulation, AR 140-10 (Army Reserve - Assignments, Attachments, Details, and Transfers), Soldiers not sooner removed for another reason will be removed when they reach maximum age. Removal date will be the last day of the month in which they reach the age stated below

	a.  Age 60 for:

* General officers.
* Field and company grade officers.
* Commissioned WO who have earned 20 qualifying years of service (QYS) for retired pay prior to age 60.
* Soldiers having 20 or more years of qualifying Federal service 
* Enlisted Soldiers

	b.  Commissioned officers may request exceptions to the regulatory removal requirement of age 60 submitted through the officer’s chain of command and DCS, G–1, to the Assistant Secretary of the Army (Manpower & Reserve Affairs) (ASA (M&RA)) for approval.  Each request must state a mission-based reason for the officer’s continued active status service and the officer’s chain of command must endorse.  Each request must further indicate whether the officer will qualify for non-regular retirement at age 60 and whether the officer will attain their maximum years of com-missioned service during the requested period.  Requests for individual exceptions that do not state a mission-based reason must explain why the officer’s continued service is in the best interest of the Army, and such requests may only be approved by the ASA (M&RA) or the Secretary of the Army (SECARMY).

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined relief was not warranted.  Based upon the documentary evidence provided by the applicant and found within the military service record, the Board found that the applicant reached maximum age to serve under public law.  As a result, the Board concluded there was no evidence of an error or injustice which would warrant reinstatement of the applicant into the USAR.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	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.
	 
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:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.
2.  Title 10, U.S. Code section 14507 (Removal from the reserve active-status list for years of service: reserve lieutenant colonels and colonels of the Army, Air Force, and Marine Corps and reserve commanders and captains of the Navy).  It states in sub-paragraph b (Colonels and Navy Captains), 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, Air Force, or Marine Corps who holds the grade of colonel, and each reserve officer of the Navy who holds the grade of captain, 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.  This subsection does not apply to the adjutant general or assistant adjutants general of a State.

3.  Army Regulation (AR) 135-175 (Separation of Officers) provides policy, criteria, and procedures for the separation of officers of the Army National Guard of the United States and the U.S. Army Reserve, except for officers serving on active duty or active duty for training exceeding 30 days.  Chapter 4 provides for the discharge or removal from an Active Status of Army Reserve officers. Paragraph 4-3 provides for removal of officers from an active status.  Members of the Army Reserve will be removed from an active status for a variety of reasons, including length of service.  USAR and ARNG commissioned officers (Colonels and below) will be separated at age 60 or maximum years of commissioned service, whichever comes first.  Requests for retention until the maximum age limit prescribed by law (age 62 under 10 USC 14509) will be considered on an individual basis.  Such requests must be based on the needs of the Reserve Component and must be justified accordingly.  Requests for individual exceptions to the regulatory removal requirement may be submitted through the officer’s chain of command and Deputy Chief of Staff, G-1, to the Assistant Secretary of the Army (Manpower and Reserve Affairs) [(ASA (M&RA)] for approval.

4.  AR 140–10 (Army Reserve - Assignments, Attachments, Details, and Transfers), prescribes policies, responsibilities, and procedures to assign, attach, detail, remove, or transfer U.S. Army Reserve (USAR) Soldiers.

ABCMR Record of Proceedings (cont)	 AR20170016624


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