IN THE CASE OF:
BOARD DATE: 9 August 2012
DOCKET NUMBER: AR20120000570
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 he be credited with Individual Ready Reserve (IRR) service for the period between his discharge from the Regular Army (RA) and his accession into the Army National Guard (ARNG).
2. The applicant states he was released from the RA early by the Chief of Chaplains to fill his "faith group's ecclesiastical endorsing agency" as its President. He claims that during the nearly year-long break he was strongly involved in the military chaplaincy. A successor was appointed and he reentered the ARNG.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) in support of his request.
CONSIDERATION OF EVIDENCE:
1. After previously serving in an enlisted status, on 29 July 2004 the applicant was appointed as a first lieutenant in the Chaplain (CH) Corps of the U.S. Army Reserve (USAR). On 1 January 2005, he entered active duty in that status, and on 1 July 2005, he was promoted to captain in the Regular Army (RA).
2. The record is void of the applicant's resignation request containing the specific facts and circumstances surrounding the processing of his voluntary request for resignation. The record does contain a properly constituted DD Form 214 that identifies the authority and reason for discharge.
3. The applicant's DD Form 214 shows he was honorably discharged, in the rank of captain, after completing a total of 4 years of active service. It further confirms he was separated under the provisions of paragraph 3-5 (Unqualified Resignation), Army Regulation 600-8-24 (Officer Separations), for miscellaneous/general reasons.
4. On 16 July 2008, the applicant was appointed a captain in the CH Corps of the ARNG, and on 2 November 2010, he was promoted to major. He continues to served in the ARNG.
5. Army Regulation 600-8-24 (Officer Transfers and Discharges) prescribes the policy for the administrative separation of officers. Chapter 3 contains guidance for voluntary resignations. Paragraph 3-5 provides the rules for processing unqualified resignations and states, in pertinent part, that any officer on active duty for more than 30 calendar days may tender a resignation under this paragraph except when action is pending that could result in resignation for the good of the service, officers under a suspension of favorable actions, pending investigation, under charges, or any other unfavorable or derogatory action is pending. It further states that normally resignations will not be accepted unless the officer has fulfilled their service obligation.
6. The officer separations regulation also establishes that chaplains requesting resignation will be counseled by a senior officer of their branch in their chain of technical supervision or specifically designated by their branch. It further requires the counseling include a discussion of the officer's previously achieved investment in the Army; advice encouraging an RA officer to accept an appointment in the USAR; and information concerning USAR career opportunities.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for credit for IRR service for the period between
5 June 2007 and 16 July 2008, which was the period of his break in service, has been carefully considered. However, there is insufficient evidence to support this claim.
2. The record is void of a resignation packet containing the specific facts and circumstances surrounding the processing of the applicant's voluntary request for resignation. However, the record does contain a properly-constituted DD Form 214 that identifies the authority and reason for his discharge as paragraph 3-5, Army Regulation 600-8-24, for miscellaneous general reasons which resulted from the applicant voluntarily requesting an unqualified resignation.
3. Procedurally, in connection with a voluntary resignation request, a senior officer would have counseled the applicant on his previously-achieved investment in the Army; encouraged him to accept an appointment in the USAR; and provided him information concerning USAR career opportunities prior to the applicant's resignation request being accepted. Notwithstanding the applicant's continued involvement in the military chaplaincy during his break in service, which is noteworthy, given he clearly understood the ramifications of his resignation and took no action to retain his commission in the USAR, it would not be appropriate to now credit him with military service he did not actually perform.
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.
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