Search Decisions

Decision Text

ARMY | BCMR | CY2012 | 20120016391
Original file (20120016391.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120016391 


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, in effect, item 12b (Separation Date This Period) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show 2 July 2011 instead of 1 July 2011.  

2.  The applicant states:

	a.  his DD Form 214 was amended prior to his discharge from active duty to reflect his transfer from active duty into the Reserve Component, which should have been effective 2 July 2011.  

	b.  he has spent the last year trying to get the error fixed so he would not have a gap in service.

	c.  he was told a code was incorrect on the DD Form 214 which led to him not being entered into the Reserve system and if that code had been changed or fixed near the time of discharge he would have been in the Reserve already. 

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* DA Form 5691-R (Request for Reserve Component Assignment Orders)   
* DA Form 71 (Oath of Office) 


CONSIDERATION OF EVIDENCE:

1.  The applicant was appointed a second lieutenant in the U.S. Army Reserve (USAR) on 14 September 1994.  He was appointed a captain in the USAR, Medical Corps, on 13 May 1998 and he was ordered to active duty on 3 June 1998 to fulfill his Active Army requirement.  He accepted appointment in the Regular Army (RA) on an unknown date.  He was promoted to lieutenant colonel on 3 June 2010.  

2.  His record contains Headquarters, 3rd Infantry Division and Fort Stewart, Orders 039-0001, issued on 8 February 2011, which show his date of discharge from the Regular Army as 1 July 2011.  

3.  Accordingly, on 1 July 2011, he was discharged for miscellaneous/general reasons and transferred to the USAR as shown on his 
DD Form 215.  Item 12b of his DD Form 214 shows the entry "2011 07 01" 
(1 July 2011).

4.  He provided an Oath of Office which shows he was appointed a lieutenant colonel in the USAR on 2 July 2011.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends item 12b of his DD Form 214 should be corrected to show 2 July 2011 because he has a 1-day gap/break in service.

2.  Evidence shows he was discharged as a Regular Army officer on 1 July 2011 and he was appointed in the USAR effective 2 July 2011.  

3.  He did not have a gap/break in service.  Correcting his DD Form 214 to show he was discharged on 2 July 2011 would mean he held two statuses on that date – RA and USAR, which is not authorized.  He had a continuous status in the Army although in different components.  Therefore, there is insufficient evidence on which to amend item 12b of his DD Form 214.  









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.



ABCMR Record of Proceedings (cont)                                         AR20120016391





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120016391



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2014 | 20140003726

    Original file (20140003726.txt) Auto-classification: Approved

    The applicant provided and his records contain: a. a DA Form 71 that shows he executed an oath of office as a Reserve commissioned officer in the rank of CPT on 29 June 2011 and b. a memorandum of appointment as a Reserve commissioned officer of the Army with a scrolling date and effective date of 29 June 2011. Per Title 10, U.S. Code, section 1552, the Army Board for Correction of Military Records acts on behalf of the Secretary of the Army in correcting Army records. As a result, the...

  • ARMY | BCMR | CY2012 | 20120017902

    Original file (20120017902.txt) Auto-classification: Approved

    The applicant requests, in effect, correction of his appointment date as a chief warrant officer four (CW4) in the U.S. Army Reserve (USAR) from 8 June 2011 to 1 March 2011. On 8 June 2011, HRC published Orders C-06-108978, dated 17 June 2011, and issued him a memorandum of appointment as a Reserve warrant commissioned officer of the Army with a scroll date and effective date of 8 June 2011. Additionally, the unit assignment order to Company B (-), 2nd Battalion, 228th Aviation Regiment...

  • ARMY | BCMR | CY2013 | 20130001458

    Original file (20130001458.txt) Auto-classification: Approved

    The evidence of record shows the applicant was: * promoted to MAJ (O-4) on 20 April 2007, discharged from the RA on 2 July 2007, and incorrectly placed in the IRR on 3 July 2000 * from 3 July 2007 through 15 February 2012 in an inactive status (according to HRC) or in no military status (based on his DD Form 214/discharge orders) * appointed as a Reserve officer in grade O-4 on 16 February 2012 3. In addition, as a result of this correction, any evidence of the applicant's non-selection for...

  • ARMY | BCMR | CY2012 | 20120021114

    Original file (20120021114.txt) Auto-classification: Approved

    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 | CY2012 | 20120006335

    Original file (20120006335.txt) Auto-classification: Denied

    The applicant requests correction of his records as follows: * Reinstatement to active duty under the original Selective Continuation (SELCON) Agreement * Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was transferred to the U.S. Army Reserve (USAR) Control Group (Individual Ready Reserve (IRR)) * Elimination of any break in service * Promotion to major (MAJ) * Credit of an appropriate number of retirement points to make a good year in 2011 2....

  • ARMY | BCMR | CY2010 | 20100024156

    Original file (20100024156.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending on 12 December 2005 to show his correct prior service. His DD Form 214 for this period shows he completed 4 months of creditable active service. He was ordered to active duty in support of OIF on 28 June 2004 and he was honorably released from active duty on 12 December 2005 having completed 1 year, 5 months, and 15 days of net active service this period.

  • ARMY | BCMR | CY2011 | 20110023688

    Original file (20110023688.txt) Auto-classification: Approved

    The applicant requests, in effect correction of her record to show her permanent Reserve appointment date as 7 March 2011 vice 6 May 2011 with no break in service and she also requests reconsideration to captain by a DA special selection board (SSB). The advisory official also stated that the applicant was separated from active duty on 6 March 2011; however, her scroll approval for USAR approval was not received until 6 May 2011. As a result, the Board recommends that all Department of the...

  • ARMY | BCMR | CY2011 | 20110010280

    Original file (20110010280.txt) Auto-classification: Approved

    The applicant requests correction of his records to show his U.S. Army Reserve (USAR) appointment date as 16 June 2007 vice 7 January 2011 and his date of rank (DOR) to captain (CPT) as 1 December 2003. He also states he executed an oath of office as a Reserve commissioned officer on 16 June 2007. He was appointed as a USAR officer on 16 June 2007.

  • ARMY | BCMR | CY2013 | 20130005329

    Original file (20130005329.txt) Auto-classification: Approved

    The applicant requests correction of his appointment date and date of rank (DOR) as a first lieutenant (1LT) in the U.S. Army Reserve (USAR) from 15 January 2013 to 1 January 2013. The error was discovered in January 2013 and at that time his name was submitted for scroll approval. However, the ABCMR does have the authority to amend appointment and assignment orders of Army officers.

  • ARMY | BCMR | CY2013 | 20130006877

    Original file (20130006877.txt) Auto-classification: Approved

    Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120007947 on 20 December 2012. His records are void of documentation which shows he executed an oath of office on 2 July 2006; however; the applicant has provided a copy of his oath of office showing that he accepted a USAR appointment in the rank of captain on 1 July 2006. On 20...