IN THE CASE OF:	   

		BOARD DATE:	  29 January 2014

		DOCKET NUMBER:  AR20130009473 


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 his records to show that he was transferred to the Individual Ready Reserve (IRR) upon his separation from active duty and that he was a member of the IRR until his appointment in the New Jersey Army National Guard (NJARNG).

2.  The applicant states:

* He is submitting the records correction after he was made aware of a break in service that he was not aware of
* He was made aware of the issue after he was informed that his packet for promotion to major was revoked due to not having enough time in grade
* He was a Reserve Officers' Training Corps (ROTC) cadet and he accepted a direct commission in correlation with a 3-year ROTC scholarship
* His contract mandated that he serve 8 years of military service
* He served 4 years and 10 months of active duty prior to his discharge
* During his discharge processing, he questioned his contract and his 
8-year commitment
* He was informed his obligation had been fulfilled and he had no more service requirements
* He received orders reassigning him to the transition unit but he did not receive orders placing him in the IRR or fully out of military service
* About one year after his discharge, he received an email (that he no longer possesses) from the IRR notifying him of a muster formation
* 
He responded and notified them of his service in the NJARNG
* He asked if anything else needed to be done and he was informed no further action was required

3.  The applicant provides:

* self-authored memorandum, subject:  Record Change Request, dated
14 May 2013
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 4 (Enlistment/Reenlistment Document), dated 21 August 2000
* DA Form 597-3 (Army Senior ROTC Scholarship Cadet Contract), dated 21 August 2000
* Orders 112-0315, issued by Headquarters, Joint Readiness Training Center, Fort Polk, LA, dated 21 April 2008

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) as a cadet on 
21 August 2000 under the ROTC Scholarship Cadet Program.

2.  The DA Form 597-3, dated 21 August 2000, includes an 8-year military service obligation upon appointment as an officer.

3.  He entered active as an officer in the Regular Army (RA) on 5 June 2003.

4.  On 2 May 2008, he was discharged under the provisions of Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 3-5 (Rules for Processing Unqualified Resignation) with his service characterized as general, under honorable conditions.  He completed 4 years, 10 months, and 28 days of creditable active service this period.  His DD Form 214 shows in:

	a.  item 9 (Command to Which Transferred) the entry "N/A" indicating not applicable.

	b.  item 25 (Separation Authority) the entry Army Regulation 600-8-24, paragraph 3-5.

	c.  item 26 (Separation Code) the entry FND.

	d.  item 28 (Narrative Reason for Separation) the entry Miscellaneous/
General Reasons.

5.  His discharge packet is not available for review.  However, his record contains and the applicant provided Orders 112-0315, dated 21 April 2008, that directed his discharge from the RA effective 2 May 2008.  There is no evidence indicating the applicant was transferred to the USAR IRR upon his separation from active duty.

6.  On 24 August 2009, he was appointed as a captain in the NJARNG.

7.  Army Regulation 600-8-24, paragraph 3-5 provides that any officer on active duty (for more than 90 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; officer is under a suspension of favorable actions, pending investigation, under charges; or any other unfavorable or derogatory action is pending.  Normally, resignations will not be accepted unless on the requested date of separation the officer has fulfilled the service obligation below:

	a.  Graduates of fully funded commissioning programs must complete the active duty service obligation incurred by participation in such programs. However, this obligation may be waived if the monies are recouped.

	b.  An officer must serve in the Armed Forces until completion of statutory military service obligation (MSO).  An officer has an 8-year MSO.  To waive an officer's MSO, The Assistant Secretary of the Army Manpower and Reserve Affairs (ASA (M&RA)) must find that the officer has no potential for service under conditions of full mobilization.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It states for:

	a.  item 9, enter the applicable location dependent on the Soldier's status on transition.

	b.  item 25, obtain correct entry from regulatory or directives authorizing the separation.

	c.  item 26, obtain correct entry from Army Regulation 635-5-1 (Separation Program Designator (SPD) Codes) which provides the corresponding SPD for the regulatory authority and reason for separation.
	d.  item 28, this is based on regulatory or other authority and can be
checked against the cross reference in AR 635-5-1.

9.  Army Regulation 635-5-1 provides the specific authorities (regulatory or directive), reasons for separating Soldiers from active duty, and the SPD codes to be entered on the DD Form 214.  It states that the SPD code FND is the appropriate code to assign to Soldiers separated under the provisions of Army Regulation 600-8-24, paragraph 3-5, by reason of Miscellaneous/General Reasons.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show he was transferred to the IRR upon his separation from active duty and that he was a member of the IRR until his appointment in the NJARNG has been carefully considered.

2.  Normally, an officer must serve in the Armed Forces until completion of statutory MSO, which is 8 years.  However, the MSO may be waived if the ASA (M&RA) determines that the officer has no potential for service under conditions of full mobilization.

3.  The facts and circumstances surrounding his unqualified resignation are not available.  Based on this fact and the fact that he was discharged with his service characterized as less than fully honorable, it is presumed that the ASA (M&RA) waived his MSO and that he was properly discharged and not transferred to the USAR.

4.  In view of the foregoing, there is an insufficient evidentiary basis for granting the applicant's 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)                                         AR20130009473



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ABCMR Record of Proceedings (cont)                                         AR20130009473



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