IN THE CASE OF:
BOARD DATE: 22 August 2013
DOCKET NUMBER: AR20130000038
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 her discharge orders be revoked and she be reinstated on active duty.
2. The applicant states:
a. she applied for separation from active duty so she could take a Reserve slot at Fort Carson. She stayed in contact with the U.S. Army Human Resources Command (HRC) and was never told until after her separation date that she would need a moral waiver. She was also never told if the moral waiver was denied she couldn't continue her military service. None of this was brought up until after her terminal leave date ended. There was nothing she could do. She has emailed and called HRC several times trying to fix the issue. They told her they couldn't help her. If she had known this she would have withdrawn her packet for separation.
b. when she applied to be discharged from the military, she had been speaking with the Mobilization Brigade at Fort Carson about taking a Reserve slot for a captain in S-1. She wanted to continue her military career, but in the Reserve for a little while.
c. she contacted HRC in reference to her acceptance letter for the captain slot and they told her that they needed her DA Form 71 (Oath of Office), dated
1 October 2012. She got a major to sign the DA Form 71 and then she submitted it to HRC. An HRC official told her he would process her DA Form
71 and get back to her. On 30 October 2012, the HRC official told her that he needed a moral waiver for her packet. She was never told any of this and she was never told if the waiver was denied that she couldn't continue her military service.
d. if she had known all of that then she would have withdrawn her separation packet and continued to serve on active duty. She made a mistake in the past and took ownership of it. There are many Soldiers who have made far worse mistakes than her or repetitive mistakes who are allowed to continue to serve. That is no excuse for her mistake, but she has paid for her mistake and has not had any issues since that incident. She will not repeat the past. She learned a hard lesson in life and does not wish for that to be held over her head and career forever.
e. she has lived up to her Army values and would like to continue service in the military either on active duty or the Reserve side. She would really like the chance to continue to lead and mentor Soldiers. She loved being in the military. She would like nothing more than to rejoin the military or have her discharge reversed. Again, if she would have known all the issues up front, she would have withdrawn her packet to be separated from the military. She really wanted to continue to serve.
3. The applicant provides:
* Three DA Forms 67-9 (Officer Evaluation Reports (OER))
* Two character reference letters
* DA Form 71
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* Discharge orders
CONSIDERATION OF EVIDENCE:
1. Having prior active enlisted service, the applicant was appointed as a second lieutenant in the Regular Army, Adjutant General Corps, on 29 January 2009. She was promoted to first lieutenant on 29 July 2010.
2. On 19 January 2011, she received a general officer memorandum of reprimand for engaging in conduct unbecoming of officer by fraternizing with a junior enlisted Soldier in her company.
3. In June 2012, she submitted an Active Guard Reserve (AGR) application. In August 2012, she was notified by email that she was not selected for the AGR program because her records reflected derogatory information on her file.
4. On an unknown date, she requested to be discharged. On 30 September 2012, she was honorably discharged for miscellaneous/general reasons. Her discharge orders show she was assigned to the U.S. Army Reserve Control Group (Individual Ready Reserve).
5. She provides a DA Form 71 which shows that on 1 October 2012 she was appointed as a Reserve commissioned officer in the USAR.
6. On 7 November 2012, her request for a moral waiver was denied.
7. Information obtained from HRC on 15 August 2013, indicates the applicant has no military status.
DISCUSSION AND CONCLUSIONS:
1. She contends she was never told until after her separation date that she would need a moral waiver and had she known this she would have withdrawn her separation packet.
2. Her request for a moral waiver was denied in November 2012. However, evidence shows she was notified in August 2012 that she was not selected for the AGR program because her records reflected derogatory information on her file. It appears at that point she could have withdrawn her separation packet, but on 30 September 2012, per her request, she was discharged.
3. There is no evidence which shows she was erroneously discharged from active duty on 30 September 2012.
4. Based on the foregoing, there is insufficient evidence on which to base granting the requested relief.
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) AR20130000038
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ABCMR Record of Proceedings (cont) AR20130000038
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