IN THE CASE OF:	

		BOARD DATE:	  7 January 2014

		DOCKET NUMBER:  AR20130009591 


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, extension of his Title 10 orders through      31 October 2012, to receive full pay and allowances for the month of October 2012, and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect this change.

2.  The applicant states, in effect:

   a.  While serving a Title 10 tour at the Sacramento Military Entrance Processing Station (MEPS), his Title 10 orders were not renewed because of an administrative error that neither his chain of command nor the National Guard Bureau (NGB) were made aware of.

   b.  His orders expired on 30 September 2012, but he continued to work without orders because this was a normal practice with the NGB being slow to process orders combined with some sort of communication failure.  As a result, he continued to work at the MEPS as directed by his commander and battalion commander throughout the month of October 2012 without pay because his orders were being processed.  

3.  The applicant provides:

* DA Form 67-9 (Officer Evaluation Report)
* a memorandum
* Permanent Orders 101-002
* 3 letters
* a Privacy Release Form
* 43 pages of electronic mail (email)
* DD Form 214

CONSIDERATION OF EVIDENCE:

1.  The applicant is a captain who is a member of the California Army National Guard (CAARNG) since July 2005, serving as a member of the Aviation Corps.  

2.  The applicant's record contains Orders 193-1050, issued by Joint Force Headquarters (JFH), CAARNG, dated 12 July 2011, which reassigned the applicant from a position in the S2 to a position in the S1 effective 6 July 2011.

3.  The applicant's record contains officer evaluation reports which show he was continuously rated as an operations officer of the Sacramento MEPS for the period 1 October 2010 through 1 November 2012.

4.  The applicant's record contains Orders 69-1287, issued by JFH, CAARNG, dated 9 March 2012, which released the applicant from his S1 duty position and transferred him to an overstrength position in the S2 effective 24 January 2012. 

5.  The applicant provides and his record contains a DD Form 214 which shows he entered active duty on 7 August 2009 and was honorably released from active duty (REFRAD) at the completion of his required active service on 30 September 2012.

6.  His record does not contain nor did the applicant provide any orders which  show the applicant was ordered to active duty for a given period of time.

7.  The applicant provides insufficient evidence to show he was directed by his commanders to continue working without orders, as he contends.

8.  The applicant provides an email, dated 27 September 2012, in reference to  active duty operational support (ADOS), from his battalion commander which appears to show an exception to policy was being processed for the applicant to receive orders.

9.  The applicant provides an email, dated 22 October 2012, from the Chief,   Title 10 ADOS Program Manager (PM), in reference to the applicant's ADOS-Reserve Component tour.  The PM stated the applicant "exceeded 1095 and needed an Army Physical Fitness Test."  He further stated the applicant would not be approved to come on without an approved exception to policy through his G1 and Chief of Staff.
10.  The applicant provides an email, dated 23 October 2012, in reference to  ADOS which shows the Western Sector Support Group Noncommissioned Officer in Charge informed the applicant the reason his orders had not been cut was because of an issue with his security clearance and independent medical review.

11.  The applicant provides permanent orders which award him the Joint Service Commendation Medal for the period 1 October 2011 through 31 October 2012.

12.  The applicant provides a copy of a letter from the Chief, Congressional Inquiries National Guard Bureau, Office of Legislative Liaison, to a U.S. Senator, dated 4 February 2013.  The letter states the Army National Guard Strength Management Division advised the U.S. Military Processing Command, Western Sector Headquarters and those under its authority that Guardsman are not authorized to perform duties without published orders directing them to report to duty.

13.  Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  It states in paragraph 2-9, "The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends his Title 10 orders should be extended through 
31 October 2012, so he may receive full pay and allowances for the month of October 2012, and correction of his DD Form 214 to reflect this change.

2.  His record does not contain nor did he provide any orders which show he was ordered to active duty.  His record does contain a DD Form 214 that shows he entered active duty on 7 August 2009 and was REFRAD at the completion of his required active service on 30 September 2012.  

3.  Evidence appears to show the applicant did not inquire about receiving  orders to extend his service beyond 30 September 2012 until three days prior to his REFRAD date.  The applicant provides insufficient evidence to show he was directed by his commander to continue working without orders, as he contends.  The fact the applicant failed to separate from and remained on active duty without authorization does not indicate that an error or injustice occurred in this case.    

4.  In view of the foregoing, there is insufficient evidence to grant relief in this case.

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)                                         AR20130009591





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ABCMR Record of Proceedings (cont)                                         AR20130009591



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