BOARD DATE: 29 May 2014
DOCKET NUMBER: AR20130016541
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 he was transferred to the Individual Ready Reserve (IRR) subsequent to his discharge from the Regular Army (RA).
2. The applicant states his Reserve obligation termination date is 7 June 2016 but his records indicate he was discharged from the service on 17 September 2012 upon leaving active duty. He was not scrolled into the Reserve upon separation from active duty and would like his records corrected to show his correct status. He does not desire to serve in the Reserve but he knows he owes the IRR service until 2016 and he wants to make sure everything is correct.
3. The applicant provides his:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 71 (Oath of Office-Military Personnel)
* Orders 054-0616 and amendments
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was appointed as a Reserve commissioned officer of the Army from the Reserve Officers' Training Corps and executed an oath of office on 8 June 2008.
2. He was ordered to active duty for a 4-year commitment commencing on
8 June 2008. He served in a variety of assignments and he attained the rank of captain.
3. On 20 January 2012, officials at the U.S. Army Human Resources Command (HRC) submitted his name for scrolling and the issuance of an appointment memorandum.
4. On 7 February 2012, HRC approved his separation by reason of unqualified resignation and indicated he still had a military service obligation and that he would execute an oath of office and forward it to HRC.
5. On 25 February 2012, Headquarters, 101st Airborne Division, Fort Campbell, KY, published Orders 054-0616 reassigning him to the transition point effective 17 September 2012. The orders stated in the Additional Instructions the entry "Terminal date of Reserve obligation ends on YYYMMDD."
6. On 20 March 2012, the applicant's scroll was approved. He was notified that HRC is awaiting documents from him to accept a U.S. Army Reserve commission.
7. On 27 July 2012, Headquarters, 101st Airborne Division, Fort Campbell, KY, published Orders 209-0611 amending his separation orders to show in the Additional Instructions, the entry "Terminal date of Reserve obligation ends on 20160607."
8. He was honorably discharged on 17 September 2012. His DD Form 214 shows he completed 4 years, 3 months, and 10 days of active service. It also shows in:
* Item 6 (Reserve Obligation Termination date) - 20160607
* Item 9 (Command to Which Transferred) - NA
9. On 18 September 2012, he executed an oath of office as a Reserve commissioned officer of the Army. His appointment memorandum is pending.
10. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army. It establishes standardized policy for preparing and distributing the DD Form 214. The entry in item 9 is determined by Table 2-1. This table states when a RA officer is discharged and the officer accepts a USAR appointment, the entry in item 9 reflects the USAR Control Group (Annual Training) or (Reinforcement (IRR)).
DISCUSSION AND CONCLUSIONS:
The applicant's DD Form 214 lists the entry "NA" in the block titled "Command to Which Transferred." However, he had a military service obligation and he executed an oath of office, indicating his acceptance of a USAR appointment, on 18 September 2012. By regulation, when a RA officer is discharged and the officer accepts a USAR appointment, the entry in item 9 reflects the USAR Control Group (Annual Training) or (Reinforcement (IRR)). Therefore, the applicant is entitled to correction of his DD Form 214 to show the entry "USAR Control Group (Reinforcement)" in item 9.
BOARD VOTE:
____X____ ____X____ ___X_ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the current entry from item 9 of his DD Form 214 and adding the entry "U.S. Army Reserve Control Group (Reinforcement)."
_______ _ 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) AR20130016541
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ABCMR Record of Proceedings (cont) AR20130016541
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