IN THE CASE OF:	  

		BOARD DATE:	  31 March 2011

		DOCKET NUMBER:  AR20100013965 


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 correction of his military records to show that he was appointed in the U.S. Army Reserve (USAR) the day following his discharge from the Regular Army on 2 July 2009.

2.  The applicant states:

* during his transition leave from active duty, his discharge orders were amended assigning him to the USAR with Headquarters and Headquarters Company, 30th Medical Command, as of 1 July 2009
* he believes he incurred a break in service because he was not properly identified to be put on a scroll after his discharge orders were amended
* when the error was identified in January 2010, he was properly placed on a scroll and he has been officially assigned to a unit

3.  The applicant provides:

* a self-authored memorandum, dated 13 April 2010
* his DA Form 4037 (Officer Record Brief)
* Orders 113-005, dated 23 April 2009
* his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 July 2009
* his DA Form 31 (Request and Authority for Leave), dated 23 April 2009
* his DA Form 5691-R (Request for Reserve Component Assignment Orders), dated 25 June 2009

* Orders 176-0008, dated25 June 2009
* his DA Form 71 (Oath of Office - Military Personnel), dated 11 August 2009
* his DA Form 4651 (Request for Reserve Component Assignment or Attachment)
* Orders 09-278-00003, dated 5 October 2009
* a memorandum, subject:  Appointment as a Reserve Commissioned Officer of the Army Under Title 10, U.S. Code, sections 12201 and 12203, dated 11 March 2010
* his DA Form 71, dated 11 March 2010
* his DA Form 4651, dated 11 March 2010
* Orders C-04-005384, dated 8 April 2010
* Orders C-04-005545, dated 12 April 2010
* his history of assignments contained in the U.S. Army Human Resources Command (HRC) Army Knowledge Online (AKO) Portal

CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed in the USAR, Signal Corps (SC), as a second lieutenant, effective 20 May 2000.  He entered active duty on 17 June 2000.  He was later appointed in the Regular Army. He was promoted to captain effective     1 October 2003.

2.  Orders 113-0005, issued by U.S. Army Garrison, Fort Eustis, VA, dated
23 April 2009, reassigned the applicant to the transition point for discharge processing, with a reporting date of 1 July 2009.

3.  Orders 176-0008, issued by the same headquarters, dated 25 June 2009, amended Orders 113-0005 to add under additional instructions "item j.  ASSIGNED TO HHC 30 MEDICAL CO, MED SPT UNIT CMR 442, APO AE NY 09042."

4.  The applicant was discharged on 1 July 2009.  His DD Form 214 shows he was discharged under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 3-5 (Rules for processing unqualified resignation), by reason of miscellaneous/general reasons.

5.  On 11 August 2009, the applicant executed a DA Form 71 as a Reserve commissioned officer in the rank of captain.

6.  Orders 09-278-00003, issued by Headquarters, 7th Civil Support Command, dated 5 October 2009, released him from the 30th Medical Command and assigned him to the 457th Civil Affairs Battalion to fill a position vacancy.
7.  On 11 March 2010, the applicant executed another DA Form 71 as a Reserve commissioned officer in the rank of captain.

8.  Orders C-04-005384, issued byHRC, St. Louis, MO (HRC-STL), dated 8 April 2010, assigned the applicant to the USAR Control Group (Reinforcement), effective 11 March 2010.  On 12 April 2010, HRC-STL issued Orders C-04-005545 releasing him from the USAR Control Group (Reinforcement) and reassigning him to Company C,
457th Civil Affairs Battalion.

9.  In an advisory opinion, the Chief, Reserve Appointments, HRC-STL, states that per Reference Executive Order 13358, Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces, dated 30 September 2004, the White House delegated authority of the President to appoint officers in the USAR to the Secretary of Defense with no further sub-delegation authorized.  On 1 July 2005, the directive was issued that all officers appointed into the USAR must be on a "scroll" approved and signed by the Secretary of Defense before an Oath of Office can be initiated.  The name of the applicant was added to their scroll submitted after 12 January 2010, once he was identified as a candidate for USAR appointment.  They received the approved scroll signed by the Secretary of Defense, dated 11 March 2010, which resulted in the discrepancy between 2 July 2009 and 11 March 2010 break in service.  The advisory official states that this discrepancy could be corrected by an officially directed ABCMR decision directing a defacto appointment of 2 July 2009 for the applicant.

10.  On 17 February 2011, the advisory opinion was forwarded to the applicant for information and to allow him the opportunity to submit comments or a rebuttal. He concurred with the advisory opinion.

11.  Pursuant to Title 10, U.S. Code, section 1552, the ABCMR acts on behalf of the Secretary of the Army in correcting Army records.  This statute provides that this Board has no authority to correct a determination reserved under law to the Secretary of the Defense.

DISCUSSION AND CONCLUSIONS:

1.  It is clear that numerous errors occurred in the applicant's appointment in the USAR.

2.  The appointment scroll, while prepared by the Army, is a Secretary of Defense document.  As such, the ABCMR has no authority to change an appointment scroll.  However, the ABCMR does have the authority to amend appointment and assignment orders of Army officers.

3.  As such, it would be appropriate to show that the applicant was appointed in the USAR on 2 July 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 he was appointed in the USAR as a captain on 2 July 2009, the day following his discharge from the Regular Army.



      ____________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)                                         AR20100013965



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ABCMR Record of Proceedings (cont)                                         AR20100013965



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