IN THE CASE OF: BOARD DATE: 14 January 2016 DOCKET NUMBER: AR20150003427 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: * his date of rank (DOR) as April 2010 * no break in service and back pay for missed drills (battle assemblies) * his date of assignment with his Reserve as 6 December 2015 * activation of his TRICARE/Selected Reserve Component medical benefits 2. The applicant states: a.  He applied for a transfer from the U.S. Coast Guard Reserve (USCGR) to the U.S. Army Reserve (USAR); however, he was discharged from the USCGR without approval of a Reserve commission from the USAR due to the mishandling of his transfer by a retention noncommissioned officer. b.  He did exactly what the retention noncommissioned officer requested and he was misguided into requesting a discharge from the USCGR which resulted in his break in service, loss of his opportunity to receive Reserve orders with the USCGR, loss of TRICARE/Selected Reserve Component benefits which he needs for his family, loss of drill pay, and possibly a ruined military career. c.  He desires to return to active duty since he never had a Regular Army commissioned officer discharge. d.  The U.S. Army Human Resources Command (HRC) requested a scroll with an anticipated signature date of on or about 1 April 2015. 3. The applicant provides: * DA Form 71 (Oath of Office – Military Personnel) * DA Form 4651 (Request for Reserve Component Assignment or Attachment) * USCG Separation Authorization * DD Form 368 (Request for Conditional Release) CONSIDERATION OF EVIDENCE: 1. Having prior active service in the USCG and active enlisted service in the Regular Army, the applicant was commissioned as a first lieutenant in the Regular Army on 22 March 2007. 2. On 2 May 2010, he was honorably released from the Regular Army for an interdepartmental transfer in the rank of captain (CPT) with an effective DOR of 1 April 2010. 3. His records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) for his USCG service for the period 7 September 1999 through 1 April 2014 that shows he was separated for retirement. 4. He provided: a.  a DD Form 368 showing he requested release from the USCG on 17 November 2014 contingent upon an appointment in the U.S. Army and b.  a Separation Authorization Form from the USCG showing he resigned his commission as a Reserve officer on 5 December 2014. 5. He also provided a DA Form 71 showing he accepted a Reserve commission in the USAR in the rank of CPT on 6 December 2014. 6. On 29 January 2015, he submitted a DA Form 4651 requesting voluntary attachment to the 478th Civil Affairs Battalion, a USAR troop program unit. 7. On 15 April 2015, the Chief, Officer Accessions Branch, HRC, provided an advisory opinion wherein he stated: a.  The applicant's request to have his DOR corrected to reflect an effective date of April 2010 and nullify his break in service cannot be accomplished legally. His documents cannot be amended to achieve his requested resolution due to scroll confirmation requirements. There is no precedent to obtain backdated confirmation dates to allow HRC to amend his DOR to reflect the year 2010. b.  The applicant's DOR and pay entry base date have been adjusted to reflect 11 months and 8 days based on the required scroll confirmation date. He was contacted and he has received Orders C-03-504653 (assigning him to Company A, 478th Civil Affairs Battalion) and an appointment memorandum which document these corrections. 8. His USAR commission appointment memorandum, dated 25 March 2015, shows: * he would incur a break in service from 1 April 2014 to 9 March 2015 * his DOR was adjusted to 11 October 2013 * his pay entry base date was adjusted to 15 August 2000 * his scroll effective date was 9 March 2015 * his date of acceptance was 24 March 2015 9. On 4 May 2015, the applicant was sent a copy of the advisory opinion and given an opportunity to respond and/or provide further corroborating documentation. He did not respond by the suspense date. 10. Executive Order 13358 (Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces), dated 28 September 2004, delegated authority of the President to appoint officers in the USAR to the Secretary of Defense with no further sub-delegation authorized. Effective 1 July 2005, all officers appointed, commissioned, or promoted must be on a scroll approved by the Secretary of Defense. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant was released from the Regular Army on 2 May 2010 in the rank of CPT. He then joined the USCG. 2. Although he desires to have his records corrected to show he did not have a break in service, his name does not appear on an approved scroll until 9 March 2015. This Board does not have the authority to change the date of an appointment approved by the Secretary of Defense. 3. His DOR was adjusted based on credit for being a member of the USCGR. 4. He was issued orders assigning him to a USAR unit effective 2 April 2014. 5. Since he has been properly assigned to a Selected Reserve unit, he is encouraged to contact his regional TRICARE Service Center for enrollment eligibility options. 6. In view of the foregoing evidence, there is no basis for granting the 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 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) AR20150003427 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003427 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1