Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080012687
Original file (20080012687.txt) Auto-classification: Approved

		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



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012687



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080016021

    Original file (20080016021.txt) Auto-classification: Approved

    The applicant provides copies of 21 February 2006 reassignment orders, 13 July 2006 U.S. Army Human Resources Command (HRC) majors' promotion list memorandum, 21 August 2006 full-time National Guard duty orders, 3 July 2007 HRC promotion orders, and 22 April 2008 Federal recognition orders. The applicant was placed in a major's position at the time he entered the ARNG and as such met all criteria for promotion as of that date, 20 August 2006, except for having received Federal recognition...

  • ARMY | BCMR | CY2006 | 20060007585C070205

    Original file (20060007585C070205.doc) Auto-classification: Approved

    The applicant requests, in effect, adjustment to his reappointment date in the United States Reserve (USAR), Chaplain Branch from 31 March 2006 to 1 October 2005 and promotion consideration to major by a special selection board (SSB) under the 2006 year criteria. The applicant was appointed in the USAR, Chaplain Branch, as a captain, effective 31 March 2006. In an advisory opinion, dated 28 July 2006, the Chief, Reserve Appointments, HRC, St. Louis, stated that the applicant was discharged...

  • ARMY | BCMR | CY2007 | 20070002972

    Original file (20070002972.txt) Auto-classification: Denied

    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. 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. On 1 March 2006, the Secretary of the Defense approved the appointment of the...

  • ARMY | BCMR | CY2012 | 20120003313

    Original file (20120003313.txt) Auto-classification: Denied

    The applicant provides: * two pages of an HRC web portal printout * two pages of explanation * Order Number 050-072, issued by Headquarters, HRC, Alexandria, VA, dated 19 February 2009 * Officer Record Brief (ORB), dated 27 July 2009 * Orders 209-0160, issued by Headquarters, III Corps, Fort Hood, TX, dated 28 July 2009 * Orders 230-0203, issued by the same headquarters, dated 18 August 2009 * DA Form 5691-R (Request for Reserve Component Assignment Orders), dated 18 August 2009 * Army...

  • ARMY | BCMR | CY2004 | 2004105038C070208

    Original file (2004105038C070208.doc) Auto-classification: Denied

    The applicant states, in a letter addressed to the U. S. Army Reserve Personnel Command, that his file should have been boarded for promotion to major in March 1999 but due to an administrative delay during his transition from active duty to Active Guard Reserve (AGR) status the consideration of his eligibility fell between two personnel management systems. Army Regulation 600-8-29 (Officer Promotions) states, in pertinent part, that an officer is eligible for consideration by a...

  • ARMY | BCMR | CY2009 | 20090002470

    Original file (20090002470.txt) Auto-classification: Approved

    The applicant provides copies of page 10 of the Fiscal Year 2005 (FY05) promotion list for major and the forwarding U.S. Army Human Resources Command (HRC) memorandum, dated 7 June 2005; HRC Orders R-08-578240, dated 18 August 2005, ordering him to active duty as a captain in the U.S. Army Reserve (USAR) Control Group (Active Guard Reserve (AGR)) with a reporting date of 1 September 2005; HRC Orders R-08-578240A01, dated 18 August 2005, amending his reporting date to 2 September 2005; DD...

  • ARMY | BCMR | CY2010 | 20100013202

    Original file (20100013202.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his military records to show that his name was scrolled and approved for appointment in the U.S. Army Reserve (USAR) by the Secretary of Defense prior to his discharge from the Regular Army, and that he was appointed in the USAR the day following his discharge from the Regular Army. Since there were administrative problems getting the applicant "scrolled" (approved by the Secretary of Defense) the advisory official recommends approval of the...

  • ARMY | BCMR | CY2009 | 20090008039

    Original file (20090008039.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 12 March 2009, to show his active duty service while on Annual Training (AT) orders and Active Duty Special Work (ADSW) orders. The evidence of record shows that the applicant was ordered to active duty in support of Operation Iraqi Freedom on 28 September 2004 and was honorably released from active duty to the control of his ARNG unit on 9 August 2007. In each period of ADSW,...

  • ARMY | BCMR | CY2014 | 20140007116

    Original file (20140007116.txt) Auto-classification: Approved

    As a result, they recently issued a corrected appointment memorandum awarding him 7 years, 4 months, and 1 day time in grade (TIG) upon his appointment as a chaplain 1LT. e. besides the error with the applicant's appointment rank, the applicant was wrongly not considered for promotion to CPT, MAJ, and LTC at the appropriate times and with the appropriate year groups. d. If before the SSB process is completed he is removed from the Reserve active status list: (1) Correct his records by...

  • ARMY | BCMR | CY2009 | 20090004569

    Original file (20090004569.txt) Auto-classification: Approved

    However, should the initial period of temporary Federal recognition expire due to administrative processing delays through no fault of the member, a subsequent Federal Recognition Board should be convened to consider the request again and grant a new period of temporary Federal recognition if warranted. Records show that the applicant was granted temporary Federal recognition effective 27 February 2008 upon his initial appointment in the VAARNG as a first lieutenant. As a result, the Board...