IN THE CASE OF:
BOARD DATE: 28 June 2012
DOCKET NUMBER: AR20110024444
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 her records to show she was appointed as a Reserve commissioned officer of the Army on 2 June 2006.
2. The applicant states she was honorably discharged from the Regular Army (RA) on 1 June 2006 and immediately transferred to the U.S. Army Reserve (USAR). However, the "scroll" date for her accession to the reserve component (RC) and her date of appointment in the USAR is 6 June 2006.
3. The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), USAR appointment, and Oath of Office.
CONSIDERATION OF EVIDENCE:
1. The applicant was appointed as an RA commissioned officer and ordered to active duty on 2 June 2001.
2. She was promoted to captain on 1 November 2004.
3. On 20 October 2005, the applicant requested unqualified resignation as an exception to Stop Loss, effective 1 June 2006.
4. U.S. Army Human Resources Command (USA HRC), Alexandria, Virginia, message, dated 6 March 2006, approved the applicant's request for unqualified resignation, effective 1 June 2006. The message instructed that the Oath of Office for reserve appointment was to be executed at the time of discharge and forwarded to the Commander, USA HRC. It also shows the applicant had a statutory military service obligation (MSO) through 31 May 2009.
5. A DD Form 214 shows the applicant was honorably discharged from the RA on 1 June 2006.
6. A corrected copy of USA HRC, Fort Knox, Kentucky memorandum, dated
6 June 2006, appointed the applicant as a Reserve commissioned officer of the Army, effective 6 June 2006.
7. 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.
8. The applicant was promoted to major on 29 August 2011.
9. In the processing of this case, an advisory opinion was obtained from the Chief, Reserve Appointments and Accessions Branch, USA HRC.
a. The advisory official affirmed that the applicant was separated from the RA on 1 June 2006 and that her "scroll" approval for USAR appointment was not received until 6 June 2006. As such, the applicant's appointment memorandum and Oath of Office reflect her approval date, which results in the discrepancy between the 2nd and 6th of June and the resultant break in service.
b. The advisory official adds that the discrepancy can be corrected by an officially directed Army Board for Correction of Military Records (ABCMR) decision directing a defacto appointment of the applicant to 2 June 2006.
10. The applicant was provided a copy of the USA HRC advisory opinion in order to have the opportunity to comment. On 9 February 2012, the applicant provided her full endorsement of the advisory opinion.
11. Executive Order 13358 (Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces), issued
28 September 2004, delegated the authority of the President of the United States 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 in the USAR must be on a "scroll" approved and signed by the Secretary of Defense before an Oath of Office can be initiated.
DISCUSSION AND CONCLUSIONS:
1. 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.
2. Records show the applicant was honorably discharged from the RA on
1 June 2006, was to have been appointed into the USAR to complete her MSO, and instructed to execute the Oath of Office for reserve appointment at the time of discharge.
3. The evidence of record shows the applicant's "scroll" approval for USAR appointment was not received until 6 June 2006. Accordingly, the applicant executed her Oath of Office as a Reserve commissioned officer in the USAR on 6 June 2006. Thus, the delay in the applicant's appointment as a Reserve commissioned officer was due to no fault of the applicant.
4. Therefore, as a matter of equity, it would be appropriate to correct the applicant's records to show she remained on active duty (in the grade of captain) until 5 June 2006, with no break in service.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____x___ ____x___ ____x___ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing she remained on active duty (in the grade of captain) until 5 June 2006, with no break in service.
2. As a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination and pay the applicant all back pay and allowances less any withholdings and/or deductions that are due as a result of this correction.
3. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to appointment as a Reserve commissioned officer (in the grade of captain) effective 2 June 2006, with no break in service.
_______ _ _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) AR20110024444
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ABCMR Record of Proceedings (cont) AR20110024444
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