IN THE CASE OF:
BOARD DATE: 15 July 2010
DOCKET NUMBER: AR20100010569
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 her break in service from 1 October 2009 through 7 October 2009 in the Army Reserve be removed from her records.
2. The applicant states the following:
* She had a break in service from 1 October 2009 through 7 October 2009 through no fault of her own
* She requested transfer to the Active Army Reserve 6 months prior to her discharge from active duty
* She was informed there was a problem with the scrolling system in 2009
* She did not show up on the scroll until 6 October 2009
* She should have been listed on the scroll in June or July 2009
* She could not be assigned to a unit since she was listed on the scroll
3. The applicant provides the following documents:
* E-mail correspondence
* Appointment memorandum
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Memorandum for Record for unqualified resignation
* DA Form 1506 (Statement of Service For Computation of Length of Service for Pay Purposes)
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving in the Army Reserve in the rank of major.
2. After having prior enlisted service, the applicant was appointed as a Reserve captain on 22 August 2001. She was ordered to active duty on 15 August 2005 in the Regular Army. She was promoted to major on 15 August 2008.
3. On an unknown date, the applicant tendered her unqualified resignation.
4. On 13 May 2009, the applicants unqualified resignation was approved with an effective date of 30 September 2009 in accordance with Army Regulation 600-8-24, chapter 3. The 13 May 2009 memorandum indicated the applicants request for reserve appointment had been referred to Commander, U.S. Army Human Resources Command, St. Louis, MO (USAHRC-St. Louis).
5. On 16 September 2009, the applicant emailed the Chief, Reserve Appointments, USAHRC-St. Louis and a warrant officer in the Deputy Chief of Staff, G-1 in regard to problems with the letter of appointment and scroll listings. She stated the following:
* She was advised to let them know she was not added to the scroll list which is causing major problems
* She submitted her paperwork for unqualified resignation on 21 April
* She indicated in her memorandum she desired an appointment in the U.S. Army Reserve which should have caused her to be added to the scroll
* She still had no letter of appointment and her expiration of term of service (ETS) was 30 September
* This will cause her to have a break in service and will not be eligible for TRICARE Reserve Select Health Insurance
6. In response to the applicants 16 September 2009 email, the Chief of Appointments advised the applicant of the following:
* Hopefully the scroll would be approved before 30 September
* The system problems were being addressed to prevent future problems
* Should the scroll not be approved by 30 September, he could counsel her on how to possibly rectify the break in service
7. The applicant was discharged from active duty on 30 September 2009 under the provisions of Army Regulation 600-8-24, paragraph 3-5 by reason of miscellaneous, general reasons.
8. The applicants appointment memorandum shows she was appointed in the U.S. Army Reserve on 7 October 2009 in the rank of major.
9. In the processing of this case, an advisory opinion was obtained from the Chief, Reserve Appointments, USAHRC-St. Louis. This office recommended approval of the applicants request and stated the following:
a. Cited Executive Order 13358, Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces, dated 30 September 2004. In this Executive Order, the White House delegated authority of the President to appoint officers in the U.S. Army Reserve to Secretary of the Defense with no further sub-delegation authorized
b. On 1 July 2005, the directive was issued that all officers appointed into the U.S. Army Reserve must be on a scroll approved and signed by the Secretary of Defense before an Oath of Office can be initiated
c. The applicant was affected since there were administrative problems getting her scrolled in a timely manner.
d. Agree with the applicants request that her date of appointment should be changed to eliminate the break in service.
10. A copy of the advisory opinion was forwarded to the applicant for comment; however, she did not respond within the allotted timeframe.
DISCUSSION AND CONCLUSIONS:
1. In view of the circumstances in this case, the applicant is entitled to correction of her records to show she was appointed in the U.S. Army Reserve as a major effective 1 October 2009.
2. The administrative error in the processing of the applicant's appointment resulted in her appointment being delayed. This caused the applicant to be penalized for an action that was beyond her control.
3. Therefore, in the interest of equity and justice, it would be appropriate to correct the date of the applicants appointment in the U.S. Army Reserve to 1 October 2009.
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 her effective date of appointment in the U.S. Army Reserve as 1 October 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) AR20100010569
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100010569
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120003313
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 | CY2007 | 20070002972
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 | CY2007 | 20070009589C080407
The applicant requests, in effect, that his records be corrected to show no break in service between the date he was released from active duty on 30 June 2006, and his entry into the United States Army Reserve (USAR); and that his records be placed before a Special Selection Board (SSB) for consideration for promotion to Major (MAJ) under the guidelines of the 2007 Army Medical Department (AMEDD) Reserve Component Selection Board (RCSB). A United States Army Human Resources Command (HRC)...
ARMY | BCMR | CY2010 | 20100013202
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 | 20090006696
This document indicates his appointment as a captain in the USAR was approved by the Secretary of Defense on 23 October 2008, with a defacto appointment date of 16 July 2008. The approval received by their office was dated 23 October 2008, and based on the Executive Order, the appointment memorandum and the DA Form 71 (Oath of Office - Military Personnel) could not be issued until scroll approval was received. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2011 | 20110024444
The applicant requests correction of her records to show she was appointed as a Reserve commissioned officer of the Army on 2 June 2006. A DA Form 71 (Oath of Office - Military Personnel) shows the applicant was appointed as a Reserve commissioned officer of the Army, effective 6 June 2006. The applicant contends that her records should be corrected to show she was appointed as a Reserve commissioned officer of the Army on 2 June 2006 with no break in service.
ARMY | BCMR | CY2005 | 20050002177C070206
SFC V___ told her there was a program for medical doctors in the Army called a "half STRAP" program. When Major W___ brought out the papers for the applicant to sign for the half STRAP program, the program Major W___ explained did not sound like the program the applicant discussed with SFC V___. SFC V___ told her he would petition the Army to have her included in the half STRAP program, considering the fact he had recruited her and had her commissioned for a program for which she was not...
ARMY | BCMR | CY2009 | 20090012774
The applicant provides the following documents in support of her application: self-authored statement; electronic mail (e-mail) messages; DD Form 214; Office of the Chief, Army Reserve, Washington, DC memorandum, dated 15 May 2007; Army Reserve Deployment Stabilization Statement, dated 2 June 2009; HRC-Alexandria Memorandum for Record, dated 21 August 2008; Headquarters, Fort Myer Military Community, Arlington, VA, Orders 014-0002, dated 14 January 2009; Honorable Discharge Certificate,...
ARMY | BCMR | CY2009 | 20090014261
The applicant requests, in effect, that her 6 November 2008 discharge orders from the U.S. Army Reserve (USAR) Control Group (Reinforcement) to the Standby Reserve (Inactive List) for failure to submit an AHRC Form 4145 (Election of Options- Military Service Obligation (MSO)) be voided. On 17 November 2008, the applicant completed her AHRC Form 4145 election statement. The evidence of record shows that USAHRC-St. Louis officials mailed the applicant an AHRC Form 4145 election statement on...
ARMY | BCMR | CY2011 | 20110014883
Accordingly, she executed an oath of office for appointment in the USAR the day after her discharge from active duty. As a matter of equity, the applicants records should be corrected to show she remained on active duty in the Regular Army until 23 March 2011, the day before she signed her oath of office for appointment as a Reserve commissioned officer, with entitlement to active duty back pay and allowances as a result of this correction. As a result, the Board recommends that all...