IN THE CASE OF:	 

		BOARD DATE:	  4 March 2010

		DOCKET NUMBER:  AR20090014106 


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 U.S. Army Reserve (USAR) reassignment orders, dated 6 August 2007, and his USAR discharge orders, dated 20 August 2008, be voided.

2.  The applicant states, in effect, that he sent in his Military Service Obligation (MSO) election to the U.S. Army Human Resources Command (AHRC) and they never responded and or sent an email stating that they had not received his MSO letter until he was discharged.  He contends that he has served his country honorably and continues to do so.  He indicates that he did send his MSO election and nothing was done and due to this grave error on behalf of the AHRC he has not been promoted as he duly deserves. 

3.  The applicant states that he has been on active duty in the Army from August 1999 to April 2007, that during this time he served in the 82nd Airborne as a combat medic, and that he achieved the rank of sergeant.  He was deployed to Afghanistan from January 2003 to September 2003 and upon his return he attended Officer Candidate School and was subsequently commissioned as a second lieutenant.  He deployed again to Iraq from September 2005 to September 2006 and was awarded the Bronze Star Medal.  He goes on to state that prior to leaving active duty he was selected for promotion to captain, that he left active duty after serving 8 years to pursue other professional interests in the civilian section, and that as he transitioned out of the active Army he was placed in the Individual Ready Reserve (IRR).  In March 2009 he was activated from the IRR.  He claims that when he joined the IRR he was told he would be promoted to captain as soon as he was activated.  However, subsequently AHRC officials told him that he could not be promoted due to a break in service.  The break in service occurred due to the Armor branch not processing his request to stay in the IRR.  

4.  The applicant provides two emails from AHRC; a memorandum, dated 
31 January 2007; reassignment orders, dated 1 March 2007, 6 August 2007, 
6 October 2008, and 5 March 2009; discharge orders, dated 26 August 2008; a DA Form 71 (Oath of Office); and a memorandum, dated 21 April 2007 in support of his application. 

CONSIDERATION OF EVIDENCE:

1.  Having prior active enlisted service in the Regular Army, the applicant was appointed a second lieutenant on 22 April 2004 in the Regular Army.  He was promoted to first lieutenant effective 22 October 2005.  On 21 April 2007, he was released from active duty and transferred to the USAR Control Group (Reinforcement).  

2.  The AHRC Soldier Management System (SMS) indicates that on 19 June 2007 an AHRC Form 4145 (Election of Options - MSO) was mailed to the applicant.  The AHRC SMS also indicates the applicant failed to respond to the AHRC Form 4145.

3.  AHRC Orders C-08-724601, dated 6 August 2007, show the applicant was released from the USAR Control Group (Reinforcement) and assigned to the Standby Reserve (Inactive List) for failing to make an MSO election.

4.  AHRC Orders D-08-823125, dated 26 August 2008, show the applicant was honorably discharged from the USAR effective 20 August 2008 for failing to make an MSO election.

5.  The available records do not contain an AHRC Form 4145.

6.  The applicant was commissioned as a Reserve officer on 30 September 2008 in the USAR.  

7.  AHRC Orders C-10-817329, dated 6 October 2008, show the applicant was reassigned to the USAR Control Group (Reinforcement) in the rank of first lieutenant effective 25 April 2007 by reason of appointment.

8.  AHRC Orders C-03-904553, dated 5 March 2009, show the applicant was released from the USAR Control Group (Reinforcement) and assigned to a Troop Program Unit. 
9.  In support of his claim, the applicant provided an email, dated 31 July 2009, from an official at AHRC which states, in pertinent part, that when the 6 October 2008 appointment orders, which backdated his effective date to 25 April 2007, were published it made the two orders (Standby Reserve (Inactive List) and USAR discharge) in conflict with the applicant's appointment effective date and must be revoked in order to maintain a "no break in service."  This email also provided two options for the Board to consider:  (1) revoke the orders and keep the 25 April 2007 date as the final appointment date (which erases the break in service) or (2) correct the appointment effective date to the October 2008 date and the two orders will remain as valid orders and therefore the break will exist.    

10.  The applicant also provided an email, dated 20 October 2009, from an official at AHRC which states, in pertinent part, that since the orders that assigned him to the Standby Reserve (Inactive List) and discharged him from the USAR are not revoked, the time he served in the Standby Reserve (Inactive List) and in a discharge status is not creditable to his date of rank for first lieutenant and must be subtracted from his original date of rank.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he sent in his MSO election was noted.  However, AHRC records show he failed to submit his MSO election.  As a result, he was released from the USAR Control Group (Reinforcement) and assigned to the Standby Reserve (Inactive List) for failing to make an MSO election on 
6 August 2007.  One year later, on 20 August 2008, he was discharged from the USAR for failing to make an MSO election.  

2.  There is no evidence of record which shows the applicant questioned his release from the USAR Control Group (Reinforcement) and reassignment to the Standby Reserve (Inactive List) in August 2007 or his discharge from the USAR in August 2008 in a timely manner.  Therefore, there is an insufficient basis for granting the applicant's requests.

3.  Although the orders in question are not revoked, it appears AHRC can publish orders correcting the applicant's appointment effective date. 








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.




      _______ _   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)                                         AR20090014106





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ABCMR Record of Proceedings (cont)                                         AR20090014106



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