IN THE CASE OF:
BOARD DATE: 30 September 2008
DOCKET NUMBER: AR20080012687
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, in effect, that his records be corrected to show that he did not have a break in service between his transition from active duty to the United States Army Reserve (USAR)-Active Guard Reserve (AGR).
2. The applicant states, in effect, that he was released from active duty on 11 February 2007 and was ordered to active duty in an USAR AGR position on 12 February 2007. The applicant continues that he was officially assessed into the USAR AGR until 27 March 2007 when the Secretary of Defense approved the scroll. The applicant argues that this created an erroneous break in service which has precluded him for timely consideration for promotion to the grade of major.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), activation orders, and a USAR appointment form in support of this application.
CONSIDERATION OF EVIDENCE:
1. Department of the Army, Headquarters Fort McPherson Orders Number
002-0002, dated 22 January 2007 show that the applicant reassigned to the US Army Transition point for transition processing on 11 February 2007.
2. Department of the Army, US Army Human Resources Command Orders Number R-01-780383, dated 22 January 2007, show the applicant was ordered to active duty as a captain in an Active Guard/Reserve status on 12 February 2007 for a period of 3 years.
3. The applicant's records contain a DD Form 214 which shows that on 11 February 2007, he was honorably discharged from active duty. This form further shows the applicant had completed 8 years, 8 months, and 22 days of active duty service and that he served 5 years, 10 months, and 2 days of prior inactive service. This form indicates that the applicant was serving as a captain at the time of his release and that his effective date of promotion to captain was
1 December 2001.
4. The applicant's records contain an Honorable Discharge Certificate which shows that he was honorably discharged from the Armed Forces of the United States on 11 February 2007.
5. On 27 March 2007, the applicant was notified by the US Army Human Resources Command that he had been appointed as a Reserve Commissioned Officer of the Army. This notification further shows the appointment was approved by the Secretary of Defense on 27 March 2007 and given a De Facto appointment date of 12 February 2007. This appointment resulted in a break in service during the period 12 February 2007 to 27 March 2007.
6. Title 10, United States Code section 14301a provides the rules for eligibility for consideration for promotion. Specifically it states that an officer is eligible for consideration for promotion by a promotion board convened under section 14101 (a) of this title only if the officer is on the reserve active-status list of the Army, Navy, Air Force, or Marine Corps; and during the one-year period ending on the date of the convening of the promotion board the officer has continuously performed service on either the reserve active-status list or the active-duty list (or on a combination of both lists).
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his records should be corrected to show that he did not have a break in service between his transition from active duty to the United States Army Reserve (USAR)-Active Guard Reserve (AGR) during the period 12 February 2007 to 27 March 2007 was carefully considered and determined to have merit.
2. Evidence of record clearly shows the applicant was ordered to and performed appropriate military duties as a captain in an AGR status during the period 12 February 2007 to 27 March 2007.
3. Since the applicant's appointment in the AGR program was not processed in a timely manner and the Secretary of Defense did not approve his appointment in the AGR program until 27 March 2007, the applicant's records incorrectly show a break in service.
4. If the applicant's processing into the AGR program would have been accomplished correctly, he would have remained on active duty until his appointment was approved by the Secretary of Defense.
5. As a result, it would be appropriate in this case to amend the applicant's
DD Form 214 to show 26 March 2007 as his release date from active duty.
6. Since the applicant was appropriately paid during the period 12 February 2007 to 27 March 2007, he is not entitled to additional monetary relief.
7. The applicant's records should be placed for consideration by Special Selection Boards for promotion to major for all years eligible as a result of this correction.
BOARD VOTE:
__XX___ __XX___ ___XX ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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 his DD Form 214 to show that he was released from active duty on 26 March 2007; and
b. placing his records for consideration by Special Selection Boards for promotion to major for all years eligible as a result of this correction.
2. The Board further determined that the individual concerned is not entitled to additional monetary relief as a result of the above correction.
_______ _ 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) AR20080012687
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