IN THE CASE OF:	  

		BOARD DATE:	       12 NOVEMBER 2008

		DOCKET NUMBER:  AR20080014624 


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, that the date of his commission in the U.S. Army Reserve (USAR) be corrected to the day after the date of his release from active duty in the Regular Army.

2.  The applicant states that according to Human Resources Command St. Louis (HRC-STL), the USAR commissioning packet was not processed by HRC Alexandria (HRC-A) when he was released from active duty.  That caused a delay in his commission in the USAR which has resulted in the loss of his promotion to captain (the applicant was selected for promotion to captain while on active duty which he can retain if he does not have a break in service).

3.  The applicant does not provide any additional documents in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant was commissioned in the Regular Army on 25 May 2004.  He served on active duty and was promoted to 1st lieutenant.  He was honorably discharged for miscellaneous/general reasons on 25 May 2007.

2.  On 20 September 2007, the applicant accepted an appointment as a 1st Lieutenant, USAR.  The effective date (scroll date) is listed as 18 June 2007.

3.  On 11 August 2008, the applicant sent an e-mail to HRC-STL informing them that he had been called back to active duty from the USAR Control Group, and wanted to know if his selection for promotion to captain while he was on active duty was valid in the USAR (he was released from active duty prior to his promotion date).  He needed to know since he was scheduled to be considered for promotion to captain by the Reserve Components Captain Selection Board in November 2008.

4.  HRC-STL responded saying that there was a break in his appointment.  The applicant was on the May 2007 appointment scroll but his appointment is dated September 2007.

5.  Army Regulation 135-100, paragraph 2-7b(2), states that the execution and return of the oath of office constitutes acceptance of appointment.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant‘s USAR commissioning packet may or may not have been mishandled, the effective date of the applicant’s commission (apparently the date the promotion scroll was approved) was 18 June 2007.  He was eligible to accept his USAR commission at any time after that date.

2.  The applicant did not accept his USAR commission until 20 September 2007, 3 months after he was eligible to do so.

3.  The applicant has not provided any reason why he could not accept his USAR commission in a timely manner.  

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

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      _______ _XXX   _______   ___
       	   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.

ABCMR Record of Proceedings (cont)                                         AR20080014624



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ABCMR Record of Proceedings (cont)                                         AR20080014624



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