RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 March 2008
      DOCKET NUMBER:  AR20070009589


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, in effect, that his records be corrected to
show no break in service between the date he was released from active duty
on
30 June 2006, and his entry into the United States Army Reserve (USAR); and
that his records be placed before a Special Selection Board (SSB) for
consideration for promotion to Major (MAJ) under the guidelines of the 2007
Army Medical Department (AMEDD) Reserve Component Selection Board (RCSB).

2.  The applicant states, in effect, that at the time he completed his
active duty obligation on 30 June 2006, he was to be automatically enrolled
in the Individual Ready Reserve (IRR) the following day, 1 July 2006, but
apparently was not.  He states that he was instead erroneously advised to
complete a new Oath of Office (DA Form 71) for reappointment, which he
completed in November 2006.  He states that these administrative errors
caused him not to be considered for promotion to MAJ during the AMEDD RCSB
that was held in January 2007.

3.  The applicant provides his active duty separation orders and separation
document (DD Form 214) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows he was appointed a Captain (CPT) in the
United States Army Reserve (USAR) Medical Corps (MC) and entered active
duty, as a 5 year obligated service officer, on 13 June 2001.

2.  A United States Army Human Resources Command (HRC) Message, dated 23
March 2006, confirmed the applicant's request for unqualified resignation
had been approved, and it directed the applicant be honorably discharged on
30 June 2006.  It further indicated that an Oath of Office for Reserve
appointment would be executed at the time of discharge, that it would be
forwarded to HRC, St. Louis, Missouri (HRC-St. Louis), and that the
applicant's resignation packet would be forwarded to HRC-St. Louis for
completion of his integration into the IRR.

3.  Department of the Army (DA) Mannheim Transition Center Orders 090-02,
dated 31 March 2006, reassigned the applicant to the transition center for
transition processing and discharge on 30 June 2006.  The additional
instructions in these orders indicated the applicant was required to
schedule an appointment with the Manheim Reserve Component Career Counselor
prior to his discharge date.
4.  The applicant's Official Military Personnel File (OMPF) contains an
Election of Options, dated 19 June 2007, in which the applicant elected to
remain a member of the IRR.  The OMPF also contains an HRC-St. Louis
appointment memorandum, dated 30 June 2006, which appointed the applicant a
CPT in the MC of the USAR, effective on the date of his acceptance.  The
applicant signed the memorandum accepting the appointment on 27 November
2006, at which time he also executed an Oath of Office for this USAR
appointment.

5.  On 30 June 2006, the applicant was honorably discharged under the
provisions of Paragraph 3-5, Army Regulation 600-8-24, for
miscellaneous/general reasons.  The DD Form 214 he was issued at the time
shows he completed a total of 5 years and 18 days of active military
service.  The separation document indicates he was a Regular Army (RA)
officer and contained the entry "N/A" in Item 9 (Command to Which
Transferred).  The applicant authenticated the DD Form 214 with his
signature in Item 21
(Signature of Member Being Separated) on the date of his discharge.

6.  In connection with the processing of this case, an advisory opinion was
obtained from the Chief, Reserve Appointments, United States Army Human
Resources Command, St. Louis, Missouri (HRC-St. Louis).  This official
stated that as of 1 July 2005, 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.  He further states that the appointment
memorandum pertaining to the applicant, dated 30 June 2006, with an
effective date of 1 July 2006, is incorrect.  It states that the scroll
submission for the applicant was approved and effective as of 11 July 2006.
 As a result, they are unable to correct his record to show he was
appointed any earlier than 11 July 2006 without a directive from the Board.


7.  On 8 November 2007, the applicant was provided a copy of the HRC-St.
Louis advisory opinion in order to have the opportunity to respond to its
contents.  To date he has failed to reply.

8.  Army Regulation 600-8-24 (Officer Transfers and Discharges) prescribes
the Army's active duty officer separation policy.  Paragraph 3-5 provides
the rules for processing unqualified resignation requests.  It states that
any officer on active duty for more than 90 days may tender a resignation.
Normally, resignations will not be accepted unless on the requested date of
separation the officer has fulfilled his/her active duty service
obligation.

9.  The officer separation regulation further states, in pertinent part,
that an officer must serve in the Armed Forces until completion of the
statutory 8-year military service obligation (MSO).  An officer who
requests resignation before completing the 8-year MSO must agree to accept
an indefinite appointment in the USAR to complete such service obligation.
The act of taking the Reserve officer's oath by an active Army officer is
sufficient to simultaneously terminate the officer's RA status by operation
of law.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record should be corrected to no
actual break in service from the date of his discharge from the RA on 30
June 2006, and to show his enrollment in the IRR on 1 July 2006, because
his separation orders indicated he would be automatically enrolled in the
IRR was carefully considered.  However, there is insufficient evidence to
support this claim.

2.  The evidence of record confirms the applicant was discharged from the
RA on 30 June 2006.  The separation orders he was issued at the time
indicated that he was required to make an appointment with the Reserve
Component Career Counselor 120 days prior to his separation; however, it
did not indicate he would be automatically enrolled in the IRR.

3.  The record also contains a USAR appointment memorandum, dated 30 June
2006, which indicated that the effective date of the applicant's
appointment in the USAR (enrollment in the IRR) would be the date of his
acceptance of the appointment.  Other than the applicant's handwritten
entry indicating the appointment should be effective 1 July 2006, there is
no commitment in this memorandum beyond an acceptance date of the effective
date.  Further, as indicated in the HRC-St. Louis advisory opinion, the
scroll pertaining to the applicant was not approved by the Secretary of
Defense until 11 July 2006, which is the earliest date he could have
executed an Oath of Office.

4.  Absent any evidence indicating the applicant complied with the
requirement to meet with a RC Career Counselor 120 days prior to his
resignation from the
RA; that he was erroneously advised that his enrollment in the IRR would be
automatic; or that he made any attempt to accept the USAR appointment prior
to 27 November 2006, it would not be appropriate and fair to all others who
faced similar circumstances to grant the requested relief.  Further, since
relief regarding his date of appointment in the USAR is not being granted,
there is no basis to grant his request for promotion reconsideration.

5.  Although there was no evidence of an error or injustice related to the
applicant's Reserve appointment, the applicant may wish to contact the
HRC-St. Louis Chief of Reserve Appointments to pursue an administrative
remedy to change his appointment date to 11 July 2006, which is the date
his scroll was approved by the Secretary of Defense, which is within that
office's policy purview, as indicated on the advisory opinion provided.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JTM __  __LMD __  __JRM  _  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.




                                  _____John T. Meixell_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070009589                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/03/DD                              |
|TYPE OF DISCHARGE       |HDA                                     |
|DATE OF DISCHARGE       |2006/06/30                              |
|DISCHARGE AUTHORITY     |AR 600-8-24                             |
|DISCHARGE REASON        |Unqualified Resignation                 |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |110.0300                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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