RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 November 2007
	DOCKET NUMBER:  AR20070002972 


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


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. William D. Powers

Chairperson

Mr. Gerald J. Purcell

Member

Mr. John G. Heck

Member

	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of her military records to adjust her date of commissioning in the United States Army Reserve to 20 January 2006, and reinstate her original date of rank to captain, pay grade O-3.  The applicant also requests to personally appear before the Board.

2.  The applicant states, in effect, that a change in Department of Defense policy hindered her from getting an USAR commission immediately upon leaving the Regular Army.  This break in service prevented her consideration for promotion to major, pay grade O-4.  She intended to join a USAR unit and commence drilling on 22 January 2006.  She further states that she intended to request  consideration by a Stand-By Advisory Board (STAB) last year, but since most of her records were missing she waited until the January 2007 board.  She was then informed that since she had a break in service, she was not eligible for consideration.

3.  The applicant provides copies of her request for appointment and her appointment memorandum with enclosures.  

CONSIDERATION OF EVIDENCE:

1.  At the time of her application, the applicant was serving on active duty as an Active Guard/Reserve (AGR) captain, pay grade O-3.  

2.  On 27 April 1996, the applicant was appointed a second lieutenant, Medical Service Corps.  

3.  On 19 January 2006, the applicant was honorably discharged from the Regular Army under the authority of Army Regulation 600-8-24, paragraph 3-5, unqualified resignation.  She had attained the rank of captain with a date of rank of 1 May 2000, and had completed 9 years, 8 months, and 23 days of creditable active service.

4.  On 1 March 2006, the Secretary of the Defense approved the appointment of the applicant as a captain, Medical Service Corps, United States Army Reserve. 

5.  On 22 March 2006, the applicant completed her oath of office as a captain, with a date of rank 22 March 2006.


6.  On 16 October 2006, the applicant was assigned for duty as the Senior Schools Officer with the Medical Readiness and Training Command, Fort Sam Houston, San Antonio, Texas.

7.  On 12 January 2006 (sic) [this date is most likely 2007], the applicant requested a commission in the United States Army Reserve.  She indicated at the time of her request that she was on terminal leave.   She further explained that her request was untimely due to a lack of information concerning the requirement to be added to the "scroll."  She asked that her commission be continuous without a break in service and allow her to take the oath of office retroactively, effective 20 January 2006.  On 14 November 2006, the Chief, Reserve Appointments, disapproved this request, stating, in effect, that what the applicant was requesting could not be approved.

8.  In the processing of this case, an advisory opinion was obtained from the Chief, Special Actions Branch, Office of Promotions, Reserve Components, United States Army Human Resources Command, St. Louis, Missouri.  It stated that the applicant was not eligible for promotion consideration by the 2006 Department of the Army Reserve Components Selection Board that convened on 10 January 2006 because she was still a Regular Army officer on active duty.  The 2007 Department of the Army Reserve Components Major Army Medical Department Selection Board selected her for promotion.  However, she was subsequently deleted from the list because she did not have continuous service during the one year period prior to the board.

9.  On 8 August 2007, the applicant acknowledged receipt of the advisory opinion and commented that she understood and supported all applicable regulations.  However, she contended that her situation was unique and warranted an exception to policy in order for her to be promoted to major.

10.  Another advisory opinion was also obtained from the Chief, Reserve Appointments, United States Army Human Resources Command, St. Louis, Missouri.  It stated that Executive Order 13358, Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces, dated 30 September 2004, delegated authority of the President to appoint officers in the USAR to Secretary of Defense with no further sub-delegation authorized.  As of 1 July 2005, a directive was issued stating that all officers appointed in the USAR must be on a "scroll" approved and signed by the Secretary of Defense before an oath of office can be initiated.


11.  On 15 October 2007, the applicant acknowledged receipt of the advisory opinion provided by the Chief, Reserve Appointments.  She agreed with all the facts in the opinion but stated that she was unaware of the requirement for the Secretary of Defense to approve the scroll prior to initiation of an oath of office.  She further stated that she never intended to have a break in service.  She requested that her date of rank be adjusted to 1 May 2000 and allow her promotion to major effective 1 April 2006.

12.  Army Regulation 600-8-24 (Officer Transfers and Discharges) provides at paragraph 3-5, that any officer on active duty for more than 90 calendar days may tender an unqualified resignation except when action is pending that could result in resignation for the good of the Service; officer is under a suspension of favorable actions, pending investigation, under charges; or when any other unfavorable or derogatory action is pending. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requested a personal appearance before the Board; however, since there is sufficient evidence on the record to fully consider this case, a formal hearing is not warranted.

2.  The evidence of record clearly shows that the applicant voluntarily requested
an unqualified resignation.  She was subsequently discharged on 19 January 2006.  On 1 March 2006 her USAR appointment was approved by the Secretary of Defense.   She completed her oath of office on 22 March 2006.

3.   Even though the applicant did not intend to incur a break in service, she did.  There is no evidence showing that she was improperly advised about her voluntary decision to leave the Regular Army.   There is no evidence showing that an error or injustice occurred regarding her delay in being commissioned in the USAR.

4.  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.

5.  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

__WDP__  __JGH __  __GJP __  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.





____ William D. Powers ______
          CHAIRPERSON




INDEX

CASE ID
AR20070002972
SUFFIX

RECON
 
DATE BOARDED
20071127
TYPE OF DISCHARGE
 
DATE OF DISCHARGE
 
DISCHARGE AUTHORITY
  . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
102.0000
2.

3.

4.

5.

6.