IN THE CASE OF:	

		BOARD DATE:	  13 January 2009

		DOCKET NUMBER:  AR20080012863


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 orders be published to extend his total active duty service period under the Retiree Recall Program to cover a total period of 1 year, 6 months, and 2 days.  

2.  The applicant states, in effect, that he initially requested extension on active duty under the Retiree Recall Program and submitted all required paperwork in May 2006, and that after his initial request was lost, he submitted additional requests on 6 August, 25 September, and 23 October 2007.  He claims that after his requests were repeatedly lost, it was recommended that he apply to this Board for relief.  He states the Defense Finance and Accounting System (DFAS) has continued to carry him in an indefinite status; however, unless appropriate active duty extension orders are issued for the period 21 July 2006 to September 2008, he will lose all associated benefits (pay, retirement, income tax wages, and credited active duty service) resulting from the 1 year, 6 months, and 2 days he served on active duty under the Retiree Recall Program.  

3.  The applicant provides the following documents in support of his application:   Active Duty Recall Orders; Amendment Orders; Facsimile (FAX) Coversheet, dated 19 May 2006 with three attachments; Defense Travel System Internet Documents; Electronic Mail (e-mail) Messages; FAX Transmittal Sheet, dated 
23 October 2007; Short Term Extension Request, dated 1 May 2006; Application for Active Duty (DA Form 160-R); Active Duty Orders, dated 28 February 2008; Amendment Orders, dated 29 February 2008; Personnel Action (DA Form 4187); Personnel Action Form Addendum (DA Form 4187-1-R); and DFAS Military Leave and Earnings Statement (LES) for the period 1-30 June 2008. 
CONSIDERATION OF EVIDENCE:

1.  On 22 May 2002, the United States Army Reserve Personnel Command (currently known as Army Human Resources Command (AHRC)), St. Louis, Missouri (AHRC-St. Louis) issued Orders A-05-292438, which directed the applicant’s recall to active duty from a retired status as an obligated volunteer officer for 13 months, effective 1 July 2002.  

2.  On 5 May 2003, AHRC-St. Louis issued Orders A-05-292438A01, which amended Orders A-05-292438 by changing the applicant’s active duty commitment from 13 months to 4 years and 1 month, with an expected separation date of 31 July 2006.

3.  On 1 May 2006, the applicant submitted a memorandum through his command to AHRC-St. Louis seeking an extension of his active duty tour from 31 July 2006 to 30 September 2008.  He included a DA Form 160-R with his request.

4.  On 11 May 2006, a DA Form 4187 was initiated requesting that the applicant’s current active duty tour be extended from 31 July 2006 to September 2008.  The applicant’s unit commander recommended approval of this request on 11 May 2006.

5.  On 25 September 2007, an AHRC-St. Louis Special Actions Branch official contacted the applicant to request that he resubmit the DA Form 4187 and DA Form 160 regarding his request for extension for a third time.  

6.  On 5 October 2007, a Headquarters, Department of the Army (HQDA) Personnel Policy Integrator of the Office of the Deputy Chief of Staff (DCS), G-1 contacted the applicant as well as many other Soldiers by e-mail.  This G-1 official indicated that a recent audit revealed that many of the Soldiers did not have current orders authorizing them to be on active duty.  He also advised these individuals to submit a DA Form 4187 and DA Form 160-R through their chain of command to the Aviation Branch in order to be credited for the service performed between between orders.  The G1 official advised these Soldiers in addition to requesting an extension of their service, to also ask that their time be ratified by the Assistant Secretary of the Army, Manpower and Reserve Affairs (ASA, M&RA). 

7.  On 29 January 2008, the applicant was contacted by a HQDA G1 official via e-mail and was asked to submit 9 identified documents in order to assist in resolving his issues and expressed his desire to assist the applicant.  He also stated that the applicant should be back on orders within a few weeks. 

8.  On 19 February 2008, the applicant was again contacted by a HQDA G-1 official and informed that after numerous conversations with the DFAS regarding consideration for de facto status, it was determined the best course of action for the applicant would be to apply to this Board to receive credit for his service from 1 August 2006 through the ending date of his period of service, which would be established in the near future.

9.  On 28 February 2008, AHRC, Alexandria, Virginia, published Orders 
A-02-803563, which recalled the applicant to active duty from a retired status for the period from 3 March 2008 through 31 January 2009. 

10.  On 24 March 2008, an AHRC, Alexandria Special Actions Branch official published an e-mail confirming that the applicant needed to apply to this Board for relief, but that even though the AHRC Accessions Office was at fault for the loss of oversight of the program, they could not amend the orders to cover the time in question.

11.  On 31 October 2008, the applicant was awarded the Meritorious Service Medal (MSM) for exceptional meritorious service as a warrant officer during his second term of service for the Army for the period 22 August 2002 to 
20 November 2008.

12.  During the processing of this case, an advisory opinion was obtained from the Chief, Operations and Plans Division, AHRC, Alexandria, Virginia.  This official recommended approval of the applicant’s request and provided that after substantial review of the Retire Recall Program for Aviators, it was determined that several administrative errors contributed  to the situation that left the applicant serving on active duty without proper approval.  The Chief stated that among the administrative errors was a lack of effective follow-up on at least two of the applicant’s requests, each endorsed by AHRC Aviation leadership personnel.  This official further provided that the applicant has served honorably and demonstrated his commitment to the Army by serving continuously as a retiree since his initial recall in 2002, and that disapproval of his request would result in the applicant loosing approximately 1 1/2 years of creditable service time for retirement calculations and recoupment of salaries paid by DFAS for the period not covered by orders.

13.  On 17 September 2008 the applicant was provided a copy of the advisory opinion for his comments or rebuttal.  He concurred with its contents on 23 September 2008.



14.  In an undated memorandum through the DCS, G-1 to the ASA for Human Resources (ASA, M&RA), the HRC Chief, Operations and Plans Division requested that an extension on active duty for the applicant for the period 31 July 2006 through 31 January 2009, be approved as an exception to policy under the FY08 Retiree Recall to Active Duty Program.  There is no response to this request on file and there is no indication this request was acted upon by proper authority.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that orders should be published to cover the entire period he served on active duty under the Retiree Recall Program in order for him to receive service credit and all benefits earned as a result was carefully considered and found to have merit.  

2.  The evidence of record confirms that the applicant was recalled to active duty from a retired status for the period from 1 July 2002 through 31 July 2006 in official orders published by proper authority, and that he continued to serve beyond that period through 2 March 2008, as evidenced by AHRC-Alexandria Orders A-02-803563, which recalled the applicant to active duty for the period from 3 March 2008 through 31 January 2009.  It also shows that on 1 May 2006, prior to the end date of his initial recall period to active duty, the applicant properly submitted a request for extension of his active duty through his chain of command, as evidenced by the 1 May 2006 Memorandum and DA Form 160-R and the 11 May DA Form 4187 on file. 

3.  The evidence of record further confirms that upon reaching the end date of his initial recall period authorized in orders, 31 July 2006, the applicant was allowed to remain and continue to serve on active duty without proper orders pending approval of his extension request, and he continued to receive pay and benefits for this period.  The evidence further confirms that through no fault of his own, his initial and several resubmissions of his active duty extension request were repeatedly lost and not properly acted upon by proper HQDA officials, as evidenced by several e-mail messages from the HQDA G-1 and AHRC-Alexandria officials, and by the AHRC-Alexandria advisory opinion.  

4.  In view of the facts of this case, it would be appropriate and in the interest of fairness and justice to correct the applicant's record to show his extension on active duty under the Retiree Recall Program was approved for the period from 
1 August 2006 through 2 March 2008, and to publish the necessary orders authorizing this period of active duty service.



BOARD VOTE:

___x____  ___x____  ___x____  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 showing his extension for active duty service for the period 1 August 2006 through 2 March 2008, under the Retiree Recall Program was approved and by publishing necessary orders to properly authorize this active duty extension period and to ensure he is properly credited with all active duty service he performed under this program between 2002 and 2009.



      ________x_____________
       	   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)                                         AR20080012863



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ABCMR Record of Proceedings (cont)                                         AR20080012863


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