IN THE CASE OF:
BOARD DATE: 18 October 2012
DOCKET NUMBER: AR20120005139
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 U.S. Army records to show she was released from the U.S. Army Reserve (USAR) in 1992 to accept an appointment as a Medical Corps officer in the U.S. Air Force (USAF).
2. The applicant states she was erroneously retained in the USAR from 1992 to 1999 while she was serving on active duty in the USAF. As a result, she was discharged from the USAR in 1999 and now cannot be reappointed in the USAR.
3. The applicant provides no additional evidence.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On or about 19 September 1982 while serving as an enlisted Soldier in the USAR, the applicant was commissioned as an officer in the USAR. She accepted appointment in the Army National Guard (ARNG) on an unknown date.
3. Orders 131-27, Ohio Army National Guard (OHARNG), dated 8 July 1992, separated the applicant from the ARNG as a Medical Corps captain and transferred her to the USAR Control Group (Reinforcement) effective 29 April 1992 to accept an appointment with the USAF.
4. Her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 15 May 1992 to 31 July 1995 shows she was discharged from the USAF with an honorable character of service by reason of resignation. Her rank at the time of her discharge was major/pay grade O-4.
5. Orders D-02-906548, USAR Personnel Command, dated 8 February 1999, discharged the applicant from the USAR effective 8 February 1999. The additional instructions show all Reserve of the Army and Army of the United States appointments are terminated.
6. Her ARPC Form 249-E (Chronological Statement of Retirement Points), dated 2 April 2012, shows her as being in the USAR as a commissioned officer from 19 September 1982 to 8 February 1999. She was credited with only membership points from 19 September 1985 to 8 February 1999.
7. An advisory opinion was obtained from the Chief, Reserve Programs/Policies Branch, U.S. Army Human Resources Command (HRC), Fort Knox, Kentucky, who stated that a review of the applicant's records verified that she had been separated from the Army incorrectly. In 1992, the Ohio ARNG should have separated the applicant from the Army vice transferring her to the USAR Control Group (Individual Ready Reserve (IRR)). Per Army Regulation 140-10 (Assignments, Attachments, Details, and Transfers), paragraph 5-2, HRC recommends that the OHARNG publish orders amending the 8 July 1992 transfer order to discharge her from the USAR rather than transferring her to the IRR. HRC would then have to revoke its separation order published in 1999.
8. A copy of the advisory opinion was provided to her for comment. She did not respond.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows the applicant was discharged from the OHARNG in 1992 for the purpose of accepting an appointment in the USAF. Furthermore, the evidence of record shows the applicant served on active duty in the USAF from 1992 to 1995.
2. In view of the above, it would be appropriate to correct the applicant's records to show she was properly discharged from the USAR in 1992 to accept an appointment in the USAF.
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 and Army National Guard records of the individual concerned be corrected by:
a. amending Orders 131-27, Ohio ARNG, dated 8 July 1992, to show she was separated from both the Ohio ARNG and from the USAR;
b. revoking Orders D-02-906548, USAR Personnel Command, dated 8 February 1999; and
c. amending her ARPC Form 249-E to reflect these changes.
____________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) AR20120005139
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120005139
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130017511
The applicant states: * she served on active duty as well as the Army National Guard (ARNG) and the USAR; she was denied promotion to LTC * her promotion packet was pulled due to the erroneous belief that she did not have enough retirement points/qualifying years for promotion * she was slotted in an Individual Mobilization Augmentee (IMA) slot and worked for Army Broadcasting from 1 July 1995 to 1 March 2003 * the U.S. Army Human Resources Command (HRC) erroneously listed her in the...
ARMY | BCMR | CY2009 | 20090017175
The applicant requests, through his counsel, 3 years of qualifying service in the U.S. Army Reserve (USAR) in order to become eligible for non-regular service retirement pay. Counsel requests the applicant's records be corrected to show he has 20 years of qualifying service toward retirement. Upon the applicant's release from the OHARNG on 30 June 1997 he had earned 15 years of qualifying service for eligibility for non-regular service retirement pay.
ARMY | BCMR | CY2007 | 20070010783
Stone Member The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant's records show that she initially enlisted in the Kentucky Army National Guard (KYARNG) on 7 July 1978 for a period of 3 years in the grade of private/E-1. There are no medical records contained in the applicant's military personnel file.
ARMY | BCMR | CY2013 | 20130000009
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The Written Agreement - OAB Addendum signed by the applicant on 19 August 2007 provided the following requirements in connection with her appointment as an officer and agreement to serve with the ARNG of the United States under the Selected Reserve Incentive Program in return for payment of a $10,000 OAB: a. agreement to accept an appointment as an officer in the armed forces to serve in the Selected Reserve in a critical officer skill...
ARMY | BCMR | CY2014 | 20140009162
The applicant requests, in effect, correction of his record to show he is eligible for a military retirement. He voluntarily resigned from the ARNG prior to attaining the required 20 qualifying years of service for non-regular retirement. In the absence of evidence showing he completed the time required by statute to become eligible for non-regular retired pay, there is no basis for granting his request.
ARMY | BCMR | CY2005 | 20050013113C070206
The ARPERSCOM, St. Louis, issued the applicant a promotion memorandum, dated 24 November 1999, announcing his promotion to captain with a promotion effective date and date of rank of 30 October 1999, the date after withdrawal of his Federal recognition and his transfer to the Individual Ready Reserve (IRR) on 29 October 1999. The applicant also stated that he was in the ARNG when promoted to captain on 29 October 1999. Records show the applicant should have discovered the alleged error...
ARMY | BCMR | CY2011 | 20110018263
Counsel states: * Applicant informed his unit that he wanted to transfer to the Individual Ready Reserve (IRR) but despite not having any further military obligations, his unit refused or failed to process his request for over a year * By regulation, he had no military service obligation; therefore, he was entitled to a transfer to the IRR without any justification * His chain of command appears to have been disappointed with his request for a transfer to the IRR and demanded that he remain...
ARMY | BCMR | CY2011 | 20110000832
The applicant states that: * in 1993 he was transferred to the Individual Ready Reserve * in 1996 and 1998 his military record was submitted to the Reserve Components Selection Board (RCSB) for consideration for promotion to captain * he was passed over both times due to non-completion of the Officer Advanced Course * he enlisted in the Arizona Air National Guard (AZANG) and served from November 1996 to 1999 * he was not eligible for promotion to captain in May 1998 3. An advisory opinion...
ARMY | BCMR | CY2010 | 20100029609
The applicant requests, through her Member of Congress, the removal of the inactive time from 7 March 1994 to 31 August 1999 from her records. Army Regulation 135-175 (Separation of Officers) provides for the separation of officers of the Army National Guard of the United States and the U.S. Army Reserve, except for officers serving on active duty or active duty for training exceeding 90 days. The evidence of record, during the period 11 September 1993 through 7 November 1993, shows she...
ARMY | BCMR | CY2010 | 20100020393
The applicant states, in effect, that after returning from Iraq, he had trouble finding work and he extended his enlistment in the Ohio Army National Guard (OHARNG) for a period of 6 years and a $15,000.00 SRIP bonus. On 5 April 2007, he again enlisted in the OHARNG for a period of 1 year and on 4 April 2008 he was honorably discharged from the OHARNG and the USAR. Notwithstanding the recommendation in the advisory opinion, all the evidence available indicates the applicant was improperly...