BOARD DATE: 17 March 2011
DOCKET NUMBER: AR20100018118
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 records to show credit for service in the U.S. Army Reserve (USAR) from September 2007 through September 2009.
2. The applicant states that when he left active duty in 2007 he immediately was transferred to a troop program unit (TPU) in the USAR. He was not aware the proper paperwork had not been completed until his file was being reviewed for promotion in 2009.
3. The applicant provides copies of his 14 September 2007 DD Form 214 (Certificate of Release or Discharge from Active Duty); a 16 July 2007 DA Form 5691-R (Request for Reserve Component Assignment Orders); a 16 July 2007 memorandum, subject: Incoming Transitioning Soldier; a 29 October 2009 USAR appointment memorandum; 13 November 2009 reassignment orders; a 6 June 2010 memorandum, subject: Request to Adjust Reserve Assignment Orders; an 11 June 2010 memorandum from the applicant's commanding officer, subject: Request to Adjust Reserve Assignment Orders; and a retirement points detail printout covering the period 27 October 2007 through 29 May 2010.
CONSIDERATION OF EVIDENCE:
1. The applicant, currently a military intelligence major, served on active duty from 27 May 1999 through 14 September 2007.
2. Item 9 (Command to Which Transferred) of his DD Form 214 shows he was transferred to Detachment 4 (DET 4) [a USAR TPU], U.S. Pacific Command (PACOM) Joint Intelligence Center (JIC), Aurora, Colorado, upon his release from active duty.
3. The applicant signed a request for and was accepted for assignment to DET 4, PACOM JIC, on 15 July 2007.
4. A 16 July 2007 memorandum shows the applicant was on transition leave effective 24 July 2007 for reassignment to DET 4, PACOM JIC.
5. A 29 October 2009 U.S. Army Human Resources Command, St. Louis
(HRC-STL), memorandum shows applicant was appointed as a captain in the USAR.
6. HRC-STL Orders C-11-920886, dated 13 November 2009, assigned the applicant to DET 4, PACOM JIC.
7. The applicant's commanding officer states in her 11 June 2010 memorandum that the unit records clearly show the applicant has been an active member of DET 4, PACOM JIC, since 17 September 2007.
8. The applicant's integrated Electronic Personnel Record Management System retirement points detail sheet shows active duty and inactive duty for training participation consistently from 27 October 2007 through the current time.
9. An advisory opinion from Headquarters, USAR Command, states the record supports the applicant's contentions and recommends the applicant's assignment orders and appointment memorandum be amended to reflect a USAR commissioning date and assignment date of 15 September 2007.
10. The applicant concurred with the advisory opinion in an e-mail, dated 18 January 2011.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was immediately assigned to a USAR TPU when he left active duty in 2007. He was not aware the proper paperwork had not been completed until his file was being reviewed for promotion in 2009.
2. The evidence of record clearly shows the applicant transitioned from active duty immediately to the USAR TPU DET 4, PACOM JIC, upon release from active duty on 15 September 2007 and was an active member of this unit from that point forward.
3. Therefore, it is appropriate to correct the applicant's USAR commissioning date and assignment date to 15 September 2007.
BOARD VOTE:
___x__ __x______ ___x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 amending the USAR appointment and assignment orders to show an effective date of 15 September 2007.
__________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) AR20100018118
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20100018118
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2010 | 20100009453
h. On 7 January 2008, the applicant was advised by the 9th MSC to submit a request for extension on active duty in order to complete her medical treatment. s. The applicant has always considered herself to be on active duty and has never schemed to remain on active duty any longer than necessary to complete her required medical treatment and to be properly out-processed. The applicant provides the following enclosures: * Orders P-04-79005A01, dated 24 May 2007 * Orders C-04-710733A01,...
ARMY | BCMR | CY2012 | 20120021114
The applicant requests correction of her records as follows: * issuance of a new scroll in the rank of captain (CPT) and with a date of rank as 29 July 2011 * service credit for the gap between 29 July 2011 and 4 November 2012 * issuance of a DD Form 214 (Certificate of Release or Discharge from Active Duty) for full performance of active duty for training (ADT) from February to September 2012 * cancellation of her transfer orders to the U.S. Army Reserve (USAR) unit in Starke, FL 2. The...
ARMY | BCMR | CY2010 | 20100013630
The applicant requests that item 12a (Date Entered Active Duty This Period) of her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 14 December 2009 be changed from 26 August 2007 to 15 December 2008. The applicant provides her DD Form 214 for the period ending 14 December 2009; email transmissions; assignment orders, dated 17 December 2008; and separation orders, dated 7 December 2009. She was advised to submit an application to this Board for...
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 | CY2010 | 20100030307
The official added that although the applicant was a two time non-select for promotion to LTC which resulted in either his discharge or transfer to the Retired Reserve, he was placed on the Promotion Selection List, which according to Title 10, U.S. Code (USC), sections 14506 and 14701 would have allowed him to serve until he reached 24 years of commissioned service. Title 10, USC, section 14506 (Effect of failure of selection for promotion: Reserve MAJs of the Army) states, in pertinent...
ARMY | BCMR | CY2010 | 20100015411
The applicant provides the following documentary evidence: * self-authored promotion date comparison sheet, dated 21 May 2010 * DD Form 149 (Application for Correction of Military Records), dated 9 June 1988 * DA Form 268 (Report for Suspension of Favorable Personnel Actions), dated 17 February 1988 * memorandum, dated 5 February 1988, subject: Involuntary Separation Action * memorandum for record, dated 10 June 1988, concerning an appeal of his Officer Evaluation Report (OER) * Orders 6-3,...
ARMY | BCMR | CY2010 | 20100013965
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. 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...
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 | CY2008 | 20080016121
The applicant requests, in effect, that his records be corrected to show that he was transferred to the U.S. Army Reserve (USAR) Control Group (Retired) effective 11 July 1992 and that he be credited with the appropriate retirement points from that date. Counsel requests, in effect, that the applicant be granted retirement points credit for service in the IRR until his retirement. However, the applicant's original request of 16 May 1990 is filed in his official records and it very clearly...
ARMY | BCMR | CY2010 | 20100008761
Not all of his retirement years during this period were qualifying years of service. Paragraph 7-4b states that an officer who twice fails selection for promotion to MAJ will be discharged unless eligible for and requests transfer to the Retired Reserve. The evidence of record shows he was promoted to MAJ on 28 February 1995.