IN THE CASE OF:
BOARD DATE: 3 September 2015
DOCKET NUMBER: AR20150000763
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 that she be granted credit for an 18-day break in service caused by the delay in scrolling, that her date of rank to major be adjusted to 19 October 2013, and that she be considered for promotion to lieutenant colonel (LTC) by the Fiscal Year (FY) 2015 LTC Army Reserve Promotion Selection Board.
2. The applicant states, in effect, that she did not have a break in service but she was warned that one might occur. She did not fully understand the scrolling process would override her orders. As a result, she incurred an 18-day break in service due to the delay in scrolling which also resulted in her date of rank being 19 October 2003 instead of 1 October 2003 and she is ineligible for consideration for promotion by the FY15 LTC Army Reserve Promotion Selection Board.
3. She goes on to state that she was discharged from active duty on
14 February 2014 and went into the Army Reserve the next day without a break in service. However, she is being penalized for an administrative process (Scrolling) that is not based on her actions or activities of her service in the U.S. Army Reserve (USAR).
4. The applicant provides copies of her DD Form 214 (Certificate of Release or Discharge from Active Duty), reassignment orders, and DA Form 5691-R (Request for Reserve Component Assignment Orders).
CONSIDERATION OF EVIDENCE:
1. The applicant was serving as a captain in the USAR when she was ordered to active duty on 1 September 2001 to complete her active duty service obligation.
2. She was promoted to the rank of major on 1 October 2003 and accepted a Regular Army appointment on 7 November 2003.
3. On 14 February 2014, she was honorably released from active duty due to non-selection for permanent promotion. She was transferred to a USAR troop program unit at Fort Meade, Maryland on 15 February 2014.
4. The applicant was scrolled as a USAR major on 4 March 2014 and was given a date of rank of the same date.
5. In the processing of this case a staff advisory opinion was obtained from the U.S. Army Human Resources Command (HRC) at Fort Knox, Kentucky which opines the applicant accepted a transfer to the USAR, which required her to be scrolled as a commissioned officer in the USAR. The scroll was approved on
4 March 2014 which resulted in an 18-day break from the active duty list (ADL) to the Reserve Active Status List (RASL). Officials at the HRC opined that her USAR appointment date cannot precede scroll confirmation. The advisory opinion was provided to the applicant for comment and to date no response has been received by the staff of the Board.
6. Executive Order 13358, Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces, dated
30 September 2004. In this Executive Order the White House has delegated authority of the President to appoint officers in the USAR to the Secretary of Defense with no further sub-delegation authorized. On 1 July 2005, the directive was issued that all officers appointed into the USAR must be on a scroll approved and signed by the Secretary of Defense before an appointment/oath of office can be initiated.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions and supporting documents have been carefully considered; however, the applicant was essentially discharged from the Regular Army on 14 February 2014 due to non-selection for permanent promotion and she accepted a USAR appointment. She could not legally accept an appointment until such time as she was scrolled by the Secretary of Defense which did not occur until 4 March 2014, which accounts for the 18-day break in service that occurred.
2. All officers appointed into the USAR must be on a scroll approved and signed by the Secretary of Defense before an appointment/oath of office can be initiated; therefore, her USAR appointment date cannot precede the scroll confirmation date.
3. Inasmuch as all commissioned officers in the applicants situation are treated the same, there appears to be no error or injustice in her case and no basis for granting her request.
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) AR20150000763
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20150000763
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110014883
Accordingly, she executed an oath of office for appointment in the USAR the day after her discharge from active duty. As a matter of equity, the applicants records should be corrected to show she remained on active duty in the Regular Army until 23 March 2011, the day before she signed her oath of office for appointment as a Reserve commissioned officer, with entitlement to active duty back pay and allowances as a result of this correction. As a result, the Board recommends that all...
ARMY | BCMR | CY2009 | 20090012774
The applicant provides the following documents in support of her application: self-authored statement; electronic mail (e-mail) messages; DD Form 214; Office of the Chief, Army Reserve, Washington, DC memorandum, dated 15 May 2007; Army Reserve Deployment Stabilization Statement, dated 2 June 2009; HRC-Alexandria Memorandum for Record, dated 21 August 2008; Headquarters, Fort Myer Military Community, Arlington, VA, Orders 014-0002, dated 14 January 2009; Honorable Discharge Certificate,...
ARMY | BCMR | CY2010 | 20100020937
It appears that on 2 February 2007 the applicant executed an Oath of Office and she was appointed as a USAR AD CPT. In the 18 February 2009 advisory opinion, an official at HRC, Reserve Appointments recommended approval of the applicant's request for an adjustment of her appointment date. She was appointed as a USAR officer on 2 February 2007.
ARMY | BCMR | CY2011 | 20110024444
The applicant requests correction of her records to show she was appointed as a Reserve commissioned officer of the Army on 2 June 2006. A DA Form 71 (Oath of Office - Military Personnel) shows the applicant was appointed as a Reserve commissioned officer of the Army, effective 6 June 2006. The applicant contends that her records should be corrected to show she was appointed as a Reserve commissioned officer of the Army on 2 June 2006 with no break in service.
ARMY | BCMR | CY2014 | 20140010788
The applicant requests correction of her military records by showing she is eligible to be considered for promotion to lieutenant colonel (LTC). The applicant contends that her military records should be corrected by showing she is eligible to be considered for promotion to LTC because she was not considered by two previous major promotion selection boards. The available evidence shows the applicant was promoted to major effective 29 August 2011, the year following her reentry into the USAR.
ARMY | BCMR | CY2013 | 20130006628
The applicant requests, in effect, correction of her appointment date as a captain (CPT) in the U.S. Army Reserve (USAR) from 18 May 2011 to 25 October 2010. Army Regulation 135-100 (Appointment of Commissioned and Warrant Officers of the Army) prescribes the policies and procedures for the appointment of commissioned officers in the USAR. As a matter of equity, the applicants records should be corrected to show she remained on active duty in the RA in an excess leave status until 17 May...
ARMY | BCMR | CY2012 | 20120006335
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 | CY2013 | 20130020942
On 14 August 2012, the U.S. Army Human Resources Command (HRC) published Orders T-08-237080 ordering her to active duty for training to attend the Army Medical Department (AMEDD) Basic Officer Leader Course (BOLC). On 25 April 2013, HRC published Orders A-04-306155 ordering her to active duty, effective 29 May 2013, in the grade of 2LT, to fulfill active duty requirements. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2015 | 20150001599
The applicant requests: * the Board finds that he was improperly discharged from the U.S. Army Reserve (USAR) in 2007 * adjustment of his mandatory removal date (MRD) to reflect the breaks in service * restoration of his highest rank achieved, lieutenant colonel (LTC), and that he be allowed to continue to serve in that capacity until mandatory retirement at age 60 * service credit in the rank of LTC retroactive to the date of his enlistment on 21 February 2014 2. On 3 April 2013, by email,...
ARMY | BCMR | CY2012 | 20120021114
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...