IN THE CASE OF:	  

		BOARD DATE:	       12 FEBRUARY 2009

		DOCKET NUMBER:  AR20080009601 


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 his appointment date into the U.S. Army Reserve (USAR) be changed to 18 April 2008 instead of 22 April 2008 so he does not have a break in service.

2.  The applicant states that he believes the record to be unjust because of the unreasonable amount of time it took for his resignation packet to be processed.  He contends that he submitted his packet on 17 October 2007 and that his battalion did not process it for almost 2 months.  He states that his packet was then lost in the system after leaving his brigade headquarters and the injustice was not corrected until he contacted his branch liaison at the U.S. Army Human Resources Command (HRC).  He goes on to state that after contacting the HRC another 3 weeks passed before his packet was resubmitted.  He further states that this caused his Reserve paperwork to be delayed which resulted in a break in service.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a DA Form 4651 (Request for Reserve Component Assignment or Attachment); a DA Form 5691-R (Request for Reserve Component Assignment Orders); two DA Forms 71 (Oath of Office - Military Personnel), dated 17 April 2008 and 22 April 2008; discharge orders, dated 12 March 2008; reassignment orders, dated 19 May 2008; reassignment amendment orders, dated 28 May 2008; an appointment memorandum, dated 22 April 2008; a "corrected copy" of an appointment memorandum, dated 22 April 2008; electronic mail messages; memoranda, dated 3 December 2007 and 19 February 2008; a DA Form 4856 (Developmental Counseling Form), dated 17 December 2007; a request for an unqualified resignation, dated 17 October 2007; a DA Form 4037 (Officer Record Brief); and a DD Form 2648 (Preseparation Counseling Checklist for Active Component Service Members) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the USAR on 17 December 2002 under the delayed entry program.  He enlisted in the Regular Army on 4 June 2003 for a period of 3 years.  Upon completion of Officer Candidate School, he was appointed as a second lieutenant on 20 November 2003.  The applicant was promoted to first lieutenant on 20 May 2005 and promoted to captain on 20 January 2007.

2.  On 17 October 2007, the applicant tendered an unqualified resignation to be effective 17 April 2008 or as soon as practicable thereafter.  He indicated that he wanted to pursue a career outside the military.

3.  On 3 December 2007, the applicant's commanding officer recommended approval of his request for resignation.  On 17 December 2007, the applicant was counseled regarding his unqualified resignation.

4.  A memorandum, dated 19 February 2008, shows the Chief, Personnel Actions Division, Headquarters, First Army, Forest Park, Georgia, recommended approval of the applicant's request for an unqualified resignation.

5.  Orders, dated 12 March 2008, show the applicant was to be discharged on 17 April 2008.

6.  On 26 March 2008, the applicant executed a DA Form 5691-R wherein he requested Reserve Component assignment orders.  This form indicates that upon his completion of active service he voluntarily accepted an assignment in the USAR with the 1st Battalion, 347th Regiment, 87th Division.  His terminal leave date and expiration term of service date are shown as 17 April 2008.

7.  The applicant was honorably discharged from the Regular Army in the rank of captain on 17 April 2008.

8.  On 17 April 2008, the applicant executed a DA Form 4651 wherein he requested a voluntary assignment in the USAR.

9.  The applicant provided a DA Form 71 which shows he executed an oath of office on 17 April 2008 in the rank of captain in the USAR.

10.  Records show the applicant executed a second oath of office on 22 April 2008 in the rank of captain in the USAR.

11.  A memorandum, dated 22 April 2008, shows the applicant was appointed as a Reserve officer in the USAR on 22 April 2008.

12.  A corrected copy of a memorandum, dated 22 April 2008, shows the applicant was appointed as a Reserve officer in the USAR with an acceptance date of 20 January 2007, a de facto date of 18 April 2008, and an effective date of 22 April 2008.

13.  Orders, dated 19 May 2008, show the applicant was voluntarily released from the USAR Control Group (Reinforcement) and assigned to the 1st Battalion, 347th Regiment, at Fort Gillem, Georgia, effective 19 May 2008.  These orders were amended on 28 May 2008 to show his effective date of reassignment was 22 April 2008.

14.  Records at the Defense Finance and Accounting Service (DFAS) show the applicant's pay entry basic date (PEBD) is 4 June 2003.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant implies that the Army is responsible for the delay in his USAR paperwork and a break in service, there is no evidence of record to support this claim.  Evidence of record shows that he tendered his resignation on 17 October 2007 to be effective 17 April 2008 and that he indicated he wanted to pursue a career outside the military.  Records show the applicant elected to pursue service in the USAR on 26 March 2008, and less than 1 month later he was appointed as a Reserve officer in the USAR.

2.  The evidence of record does not support the applicant's contention that he has a break in service from 18 April 2008 to 22 April 2008.  Evidence of record shows the applicant enlisted in the Regular Army on 4 June 2003.  Following his discharge on 17 April 2008, his records were corrected to show he was appointed as a Reserve officer with a de facto date of 18 April 2008.  DFAS records show his PEBD is 4 June 2003 (i.e., the date he enlisted in the Regular Army).  If he had a break in service from 18 April 2008 to 22 April 2008, his PEBD would have been adjusted by 4 days.  Therefore, there is no break in service and 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)                                         AR20080009601



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ABCMR Record of Proceedings (cont)                                         AR20080009601



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