IN THE CASE OF: BOARD DATE: 15 July 2010 DOCKET NUMBER: AR20100010569 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 break in service from 1 October 2009 through 7 October 2009 in the Army Reserve be removed from her records. 2. The applicant states the following: * She had a break in service from 1 October 2009 through 7 October 2009 through no fault of her own * She requested transfer to the Active Army Reserve 6 months prior to her discharge from active duty * She was informed there was a problem with the “scrolling” system in 2009 * She did not show up on the scroll until 6 October 2009 * She should have been listed on the scroll in June or July 2009 * She could not be assigned to a unit since she was listed on the scroll 3. The applicant provides the following documents: * E-mail correspondence * Appointment memorandum * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Memorandum for Record for unqualified resignation * DA Form 1506 (Statement of Service – For Computation of Length of Service for Pay Purposes) CONSIDERATION OF EVIDENCE: 1. The applicant is currently serving in the Army Reserve in the rank of major. 2. After having prior enlisted service, the applicant was appointed as a Reserve captain on 22 August 2001. She was ordered to active duty on 15 August 2005 in the Regular Army. She was promoted to major on 15 August 2008. 3. On an unknown date, the applicant tendered her unqualified resignation. 4. On 13 May 2009, the applicant’s unqualified resignation was approved with an effective date of 30 September 2009 in accordance with Army Regulation 600-8-24, chapter 3. The 13 May 2009 memorandum indicated the applicant’s request for reserve appointment had been referred to Commander, U.S. Army Human Resources Command, St. Louis, MO (USAHRC-St. Louis). 5. On 16 September 2009, the applicant emailed the Chief, Reserve Appointments, USAHRC-St. Louis and a warrant officer in the Deputy Chief of Staff, G-1 in regard to problems with the letter of appointment and scroll listings. She stated the following: * She was advised to let them know she was not added to the scroll list which is causing major problems * She submitted her paperwork for unqualified resignation on 21 April * She indicated in her memorandum she desired an appointment in the U.S. Army Reserve which should have caused her to be added to the scroll * She still had no letter of appointment and her expiration of term of service (ETS) was 30 September * This will cause her to have a break in service and will not be eligible for TRICARE Reserve Select Health Insurance 6. In response to the applicant’s 16 September 2009 email, the Chief of Appointments advised the applicant of the following: * Hopefully the scroll would be approved before 30 September * The system problems were being addressed to prevent future problems * Should the scroll not be approved by 30 September, he could counsel her on how to possibly rectify the break in service 7. The applicant was discharged from active duty on 30 September 2009 under the provisions of Army Regulation 600-8-24, paragraph 3-5 by reason of miscellaneous, general reasons. 8. The applicant’s appointment memorandum shows she was appointed in the U.S. Army Reserve on 7 October 2009 in the rank of major. 9. In the processing of this case, an advisory opinion was obtained from the Chief, Reserve Appointments, USAHRC-St. Louis. This office recommended approval of the applicant’s request and stated the following: a. Cited 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 delegated authority of the President to appoint officers in the U.S. Army Reserve to Secretary of the Defense with no further sub-delegation authorized b. On 1 July 2005, the directive was issued that all officers appointed into the U.S. Army Reserve must be on a “scroll” approved and signed by the Secretary of Defense before an Oath of Office can be initiated c. The applicant was affected since there were administrative problems getting her scrolled in a timely manner. d. Agree with the applicant’s request that her date of appointment should be changed to eliminate the break in service. 10. A copy of the advisory opinion was forwarded to the applicant for comment; however, she did not respond within the allotted timeframe. DISCUSSION AND CONCLUSIONS: 1. In view of the circumstances in this case, the applicant is entitled to correction of her records to show she was appointed in the U.S. Army Reserve as a major effective 1 October 2009. 2. The administrative error in the processing of the applicant's appointment resulted in her appointment being delayed. This caused the applicant to be penalized for an action that was beyond her control. 3. Therefore, in the interest of equity and justice, it would be appropriate to correct the date of the applicant’s appointment in the U.S. Army Reserve to 1 October 2009. 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 showing her effective date of appointment in the U.S. Army Reserve as 1 October 2009. _______ _ __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) AR20100010569 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100010569 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1