IN THE CASE OF:	  

		BOARD DATE:	  10 June 2010

		DOCKET NUMBER:  AR20090020603 


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 a notation that he was twice non-selected for promotion be removed from his records.

2.  The applicant states he submitted his resignation in 2005 but it was not processed until 2007.  The "pass-over clause" in his records is preventing him from being accepted in an Air Force Reserve unit. 

3.  The applicant provides copies of his 2001 DD Form 214 (Certificate of Release or Discharge from Active Duty) and a 2007 Honorable Discharge Certificate. 

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) as a Reserve Officers’ Training Corps cadet on 24 October 1995.  He was commissioned on  24 May 1997 and served on active duty for 4 years, 2 months, and 1 day.

2.  His 24 July 2001 DD Form 214 shows he was released from active duty and transferred to the USAR Control Group (Reinforcement) as a captain.  The reason for separation was completion of required active service.  His Reserve Obligation Termination Date is shown as 23 May 2005.


3.  Entries in the applicant's i-PERMS (integrated Personnel Electronic Records Management System) Transactions record provide the following information at:
	
	a.  CONTACT SECTION:

		(1)  on 1 November 2005, the applicant was called in regard to his separation request.  The applicant indicated his mind was made up to be released and the file was to be forwarded for processing;

		(2)  between 1 November 2005 and 29 November 2007, there are a number of entries showing requests for information, records updates, and/or offers of additional USAR and active duty opportunities; 

		(3)  on 9 January 2007, a general mailing was sent to all USAR captains notifying then of the upcoming promotion board; 

		(4)  on 29 August 2007, in follow-up correspondence the applicant was notified that his records did not indicate completion of the required Captain's Career Course for promotion consideration;

		(5)  on 6 November 2007, he was notified that his file was going before the March 2008 major's promotion board; 

		(6)  on 14 November 2007, he was again notified that his records did not indicate that he had completed the required Captain's career course;

		(7)  on 29 November 2007, the applicant was honorably discharged and issued an Honorable Discharge Certificate; and 

		(8)  on 11 September 2009, an Air Force Recruiter requested information on the applicant's status as a two-time "pass-over" for major.

	b.  CASE SECTION:

		(1)  on 14 September 2005, the applicant indicated that he had completed his required period of service and had no desire to continue;

		(2)  on 28 September 2005, the applicant faxed the requested documents for his resignation packet;

		(3)  on 15 November 2006, separation paperwork was again forwarded to the applicant;
		(4)  on 28 November 2007, the applicant once more proffered an unqualified resignation; and

		(5) on 29 November 2007, discharge orders were cut discharging the applicant.  

	c.  PROMOTION CONSIDERATION BOARD PREP SECTION:

		(1) on 24 January 2007, the applicant requested resignation; and 

		(2)  on 28 November 2007, the applicant sent in a request for resignation.  It was "correctly being processed by pab."

	d.  DELETED SECTION:

		(1)  on 8 September 2005, "Rec'd letter requesting unqualified resignation."

		(2)  on 2 October 2005, " Concur with SM's request to resign commission SM's EXMOD 2005 MAY."

	e.  iPERMS - SERVICE SECTION, there are no entries dated between 24 July 2001, the date of his release from active duty, and 3 July 2007, when he was notified he had been non-selected for promotion to major due to a failure to complete the mandatory military education course.

4.  The record contains an AHRC Form 4145 (Election of Options - Military Service Obligation), dated 9 October 2006, wherein the applicant tendered an unqualified resignation.

5.  On 3 July 2007, the Human Resources Command - St. Louis notified the applicant that he was non-selected for promotion to major.  He was not selected for promotion, at least in part, because he had not completed his required military educational requirements.

6.  The applicant was discharged on 29 November 2007 and issued an Honorable Discharge Certificate.

7.  In the development of the case an advisory opinion was obtained from the Chief, Special Actions Branch, Human Resources Command - St. Louis.  It noted that the applicant was promoted to captain on 1 December 2000 and was released from active duty on 24 July 2001 with transfer to the USAR Individual Ready Reserve.  He had a promotion eligibility date to major of 30 November 2007.  The applicant was considered but not selected for promotion by the 2007 promotion board.  The applicant was notified of his non-selection on 3 July 2007 and there is no indication in the record of a second non-selection.

8.  A copy of the advisory opinion was forwarded to the applicant.  As of this time no rebuttal or response from the applicant has been received.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he submitted his resignation in 2005 but it was not processed until 2007.  The two time "pass-over clause" in his records is preventing him from being accepted in an Air Force Reserve unit.

2.  The iPERMS record shows the applicant initially submitted an unconditional resignation request shortly after the expiration of his period of obligated service in May 2005.  Additional requests were submitted on 15 November 2006, 24 January 2007, and 28 November 2007.  

3.  In May 2005, when the applicant completed his period of obligated service, he indicated that he did not wish to continue in the USAR.   The contact section of his electronic record shows that on 8 September 2005 his resignation request was being processed with the applicant faxing the necessary documentation on 28 September 2005.  No final action was taken until 29 November 2007. 

4.  From the question raised by the applicant and the reported contact with the Air Force recruiter, it appears that some sort of communication break-down has occurred that gives the applicant and the recruiter the impression that he was twice non-selected for promotion.

5.  There is no documentation or evidence that the applicant was considered by any major's promotion board other than the one in 2007.  However, there are references in the contact section of iPERMS that his file was being prepared to go before a 2008 selection board, which might give the impression that he may have been considered a second time.  

6.  Had the applicant's request for resignation been acted on in a timely manner he would not have been considered and non-selected by the 2007 board.  There would also not be the question of a second non-selection.  Consideration was given to correcting the applicant's records to show he was discharged in 2005, per his original request, which would also have the effect of showing he was never passed over for promotion.  However, it has historically been the practice of this Board not to make any correction to a Soldier's records that could conceivably operate to the Soldier's disadvantage.  To consider showing that the applicant's resignation was accepted in 2005 would deprive him of two years of service longevity, which would be to his disadvantage. 

7.  Since there is no actual entry showing a second non-selection there is really no record to correct.  However, the applicant should use this Record of Proceedings, which will also be filed in his records, to substantiate that he was not two-time non-select. 

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)                                         AR20090020603





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ABCMR Record of Proceedings (cont)                                         AR20090020603



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