IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120007795
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 an antedated contract to cover the period she drilled and was paid for beginning 25 May 2010 through 10 December 2011.
2. The applicant states:
* she was erroneously assigned to the U.S. Army Reserve (USAR)
* she was unaware that she should not have been able to reenlist in the military because she had not completed basic training
* she should have been discharged but she was "coded" incorrectly
* she reenlisted in the USAR from the Individual Ready Reserve (IRR) effective 12 May 2010
* her original order placing her into the USAR was revoked on 24 January 2012
3. The applicant provides:
* U.S. Army Human Resources Command (AHRC) Orders C-05-007354, dated 13 May 2010
* AHRC Orders C-05-007354R, dated 24 January 2012
* Drill History, prepared on 3 February 2012
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Alabama Army National Guard (ALARNG) for 8 years on 28 June 2007. She was ordered to active duty for training, effective 21 August 2007.
2. She was released from active duty for training on 30 October 2007, due to entry level performance and conduct and she was returned to the ALARNG. She was discharged from the ALARNG on 31 October 2007 as a result of being discharged from the Reserve of the Army.
3. The applicant reenlisted in the ALARNG on 14 May 2008.
4. On 27 May 2009, ALARNG Orders 147-517 were published discharging her from the National Guard and assigning her to the USAR Control Group (Annual Training), effective 20 May 2009.
5. On 7 October 2009, ALARNG Orders 280-521 were published amending ALARNG Orders 147-517 discharging the applicant from the Army National Guard and as a Reserve of the Army. These orders were not filed in AHRCs Soldier Management System until 26 January 2012.
6. On 13 May 2010, AHRC Orders C-05-007354 were published releasing the applicant from the USAR Control Group (Annual Training) and assigning her to a Troop Program Unit (TPU), effective 12 May 2010.
7. The applicant provides a copy of her Drill History, which confirms that she drilled from 22 May 2010 through 11 December 2011.
8. On 24 January 2012, AHRC Orders C-05007354R were published revoking AHRC Orders C-05-007354, which assigned the applicant to her TPU, effective 13 May 2010.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and her supporting evidence has been considered.
2. It is clear that the applicant believed she was under orders that authorized her assignment to a TPU. She drilled and collected pay and she did so in good faith from May 2010 through December 2011.
3. The applicant was transferred from the ALARNG in May 2009 and in October of 2009 an amendment to the May 2009 order placed her into a discharge status. Meanwhile, the system did not get updated and somehow she was transferred from the USAR Control Group (Annual Training) to a TPU in May 2010. The applicant continued to go to drill and collect pay.
4. AHRCs Soldier Management System did not get updated until January 2012 with the amended order. As a result, a revocation order was systematically generated which wiped out the original USAR Control Group (Annual Training) to TPU order, thus causing the applicant to be discharged. Through no fault of the applicant, the ALARNG failed to get the 7 October 2009 amendment into the system until January 2012.
5. Although ALARNG Orders 147-517 were subsequently found to be erroneous, amending those orders created an injustice that should be corrected at this time. The applicant should receive the credit that she earned during the period in question.
6. Likewise, revoking AHRC Orders C-05-007354 assigning her to a TPU created an injustice. This order should also be corrected at this time.
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:
a. Revoking ALARNG Orders 280-521, dated 7 October 2009, thereby allowing ALARNG Orders 147-507 to stand showing that she was, in fact, discharged from the ALARNG and assigned to the USAR Control Group (Annual Training), effective 20 May 2009.
b. Revoking AHRC Orders C-05-007354R, dated 24 January 2012, thereby showing that AHRC Orders C-05-007354, dated 13 May 2010 are currently in effect.
2. The Board further determined that the evidence presented was 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 creating an antedated contract to cover the period she drilled and was paid from 25 May 2010 through 10 December 2011.
_______ _ 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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