IN THE CASE OF:
BOARD DATE: 18 September 2008
DOCKET NUMBER: AR20080009056
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 that her discharge orders be changed to show she was discharged on 26 June 2007. In an email from the 807th Medical Commands Inspector Generals office, the applicant amended her application to request her discharge orders be changed to show she was discharged on 24 June 2007.
2. The applicant states that she was sent to annual training on 8 June 2007 through 24 June 2007 without being aware of her discharge. She cannot be paid for that training because of the date on her discharge orders.
3. The applicant provides discharge orders, dated 6 June 2007; two sets of annual training orders, dated 4 June 2007; three pages of a Personnel Ordered to Annual Training list; and a two June 2008 emails. Through the 807th Medical Commands Inspector Generals office, she provided amended annual training orders, dated 8 June 2008.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed a second lieutenant in the U. S. Army Reserve, Army Nurse Corps, on 18 April 2003. She was promoted to first lieutenant on 14 June 2004.
2. On 17 July 2005, the applicant submitted a request for resignation in lieu of elimination.
3. Orders, dated 4 June 2007, ordered the applicant, with her unit (from Seagoville, TX), to annual training in Rapid City, SD, for the period 8 June to 23 June 2007.
4. On 5 June 2007, the appropriate authority approved the applicants request for resignation in lieu of elimination.
5. Orders, dated 6 June 2007, discharged the applicant from the U. S. Army Reserve effective 6 June 2007.
6. Orders, dated 8 June 2007, amended the applicants annual training orders to add that Soldiers outside commuting distance were authorized lodging on 23 June 2007.
DISCUSSION AND CONCLUSIONS:
1. The applicant performed annual training in June 2007 in good faith. She should not be penalized because her unit did not receive her 6 June 2007 discharge orders in time to discharge her before sending her on annual training.
2. Based upon the amended annual training orders, it would be equitable to amend the applicants discharge orders to show she was discharged effective 25 June 2007 (allowing for travel on 24 June 2007 to return her to her home station in Texas).
BOARD VOTE:
___xx___ ___xx___ __xx____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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:
a. amending her 6 June 2007 orders discharging her from the U. S. Army Reserve to show her effective date of discharge as 25 June 2007; and
b. paying to her all pay and allowances due as a result of this correction.
_______ xxxx_______ ___
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) AR20080009056
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ABCMR Record of Proceedings (cont) AR20080009056
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