BOARD DATE:	  17 March 2011

		DOCKET NUMBER:  AR20100018118 


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 correction of his records to show credit for service in the U.S. Army Reserve (USAR) from September 2007 through September 2009.

2.  The applicant states that when he left active duty in 2007 he immediately was transferred to a troop program unit (TPU) in the USAR.  He was not aware the proper paperwork had not been completed until his file was being reviewed for promotion in 2009.  

3.  The applicant provides copies of his 14 September 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty); a 16 July 2007 DA Form 5691-R (Request for Reserve Component Assignment Orders); a 16 July 2007 memorandum, subject:  Incoming Transitioning Soldier; a 29 October 2009 USAR appointment memorandum; 13 November 2009 reassignment orders; a 6 June 2010 memorandum, subject:  Request to Adjust Reserve Assignment Orders; an 11 June 2010 memorandum from the applicant's commanding officer, subject:  Request to Adjust Reserve Assignment Orders; and a retirement points detail printout covering the period 27 October 2007 through 29 May 2010.

CONSIDERATION OF EVIDENCE:

1.  The applicant, currently a military intelligence major, served on active duty from 27 May 1999 through 14 September 2007.

2.  Item 9 (Command to Which Transferred) of his DD Form 214 shows he was transferred to Detachment 4 (DET 4) [a USAR TPU], U.S. Pacific Command (PACOM) Joint Intelligence Center (JIC), Aurora, Colorado, upon his release from active duty.

3.  The applicant signed a request for and was accepted for assignment to DET 4, PACOM JIC, on 15 July 2007.

4.  A 16 July 2007 memorandum shows the applicant was on transition leave effective 24 July 2007 for reassignment to DET 4, PACOM JIC.

5.  A 29 October 2009 U.S. Army Human Resources Command, St. Louis 
(HRC-STL), memorandum shows applicant was appointed as a captain in the USAR.

6.  HRC-STL Orders C-11-920886, dated 13 November 2009, assigned the applicant to DET 4, PACOM JIC.

7.  The applicant's commanding officer states in her 11 June 2010 memorandum that the unit records clearly show the applicant has been an active member of DET 4, PACOM JIC, since 17 September 2007.

8.  The applicant's integrated Electronic Personnel Record Management System retirement points detail sheet shows active duty and inactive duty for training participation consistently from 27 October 2007 through the current time.

9.  An advisory opinion from Headquarters, USAR Command, states the record supports the applicant's contentions and recommends the applicant's assignment orders and appointment memorandum be amended to reflect a USAR commissioning date and assignment date of 15 September 2007.

10.  The applicant concurred with the advisory opinion in an e-mail, dated 18 January 2011.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he was immediately assigned to a USAR TPU when he left active duty in 2007.  He was not aware the proper paperwork had not been completed until his file was being reviewed for promotion in 2009.

2.  The evidence of record clearly shows the applicant transitioned from active duty immediately to the USAR TPU DET 4, PACOM JIC, upon release from active duty on 15 September 2007 and was an active member of this unit from that point forward.

3.  Therefore, it is appropriate to correct the applicant's USAR commissioning date and assignment date to 15 September 2007.

BOARD VOTE:

___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 amending the USAR appointment and assignment orders to show an effective date of 15 September 2007.



      __________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.

ABCMR Record of Proceedings (cont)                                         AR20100018118



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ABCMR Record of Proceedings (cont)                                         AR20100018118



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