IN THE CASE OF: BOARD DATE: 19 January 2016 DOCKET NUMBER: AR20150010702 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 her DD Form 214 for the period ending 27 May 2012 be corrected to show that she was transferred to the Individual Ready Reserve (IRR) upon release from active duty in accordance with her discharge orders and that she be afforded the opportunity to make service elections following fulfillment of her military service obligation (MSO). 2. The applicant states: a. Following her discharge from active duty on 27 May 2012, she was required to fulfill an MSO of 3 years in the IRR as reflected on her DD Form 214, block 6. Due to an administrative error, she was not placed into the IRR as ordered (attachment B). Since her discharge, she believed that she was a member of the IRR and had no reason to believe otherwise, as she received no additional contact from U. S. Army Human Resource Command (HRC) following her discharge. She recognized that the end of her listed MSO was approaching in May 2015 and that she had not received an Election of Options notification from HRC. She contacted HRC on 4 May 2015, as she desired to update her records and wanted to transfer to a Reserve unit. Through subsequent communications, she was advised that she was not in the IRR and that her military organization of assignment went from active duty straight to archived record and that she was never in the IRR (attachment C). Based on her required MSO and orders to the IRR without notification of the contrary, she contends that her Reserve Obligation was fulfilled from 27 May 2012 to 25 May 2015 and requests that her records be corrected to reflect that status. As such, she requests to be re-instated as a U.S. Army Reserve (USAR) commissioned officer in the IRR so that she may elect to continue service. b. While out processing in March 2012 at Ft. Campbell, KY, the Reserve Components Transition Officer advised that she had the option to elect to become a regular USAR Officer following her active duty service. It was her understanding at that time that she would be placed in the IRR following her ETS (Expiration of Term of Service) and that no further action was required to enter that status. This belief was supported by her transition orders (Attachment B) stating that she would be discharged into the Army Reserves and that the termination date of her Reserve obligation would end on 25 May 2015. Additionally, her DD Form 214 listed that she was in a Reserve status (Block 6); however, it did not list a specific command which she was affiliated with (Block 9). She requests to be reinstated into the IRR as she had contacted HRC to submit her Election of Options on 18 May 2015 prior to the end of her listed MSO (see Attachment D). Had she been listed in the IRR status as required by her MSO, she would have elected to continue her service at that time. 3. The applicant provides: a. Attachment A - DD Form 214 for the period ending 27 May 2012. b. Attachment B - Discharge Order 006-0637, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, dated 6 January 2012. c. Attachment C - Personnel Action Update screen print. d. Attachment D - U. S. Army Human Resources Command (HRC), Integrated Web Service, Soldier Management System, screen shot of transactions concerning her, the applicant. e. Attachment E - Memorandum, Commander, HRC, dated 12 July 2011, subject: Separation – Unqualified Resignation, addressed to the Commander, Fort Campbell. f. Attachment F - Memorandum, Headquarters, 101st Combat Aviation Brigade, dated 26 May 2011, subject: Unqualified Resignation, addressed to Commander, HRC. CONSIDERATION OF EVIDENCE: 1. On 26 May 2007, the applicant was appointed as a Regular Army commissioned officer in the rank of second lieutenant. She was promoted to the rank of captain effective 1 June 2010. She served as an intelligence officer until her discharge from active duty. 2. Discharge Order 006-0637, Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, dated 6 January 2012, additional instructions show that: a. Effective upon discharge she would be transferred to the USAR Control Group (Reinforcement). b. Terminal date of reserve obligation ends on 20150525. 3. The Memorandum, Commander, HRC, dated 12 Jul 2011, subject: Separation – Unqualified Resignation, addressed to the Commander, Fort Campbell, shows: a. Officer has a MSO: Yes b. Officer requires Reserve appointment: Yes. If yes, Oath of Reserve Appointment (DA Form 71) will be executed at the time of discharge and forwarded to HRC. 4. The memorandum, Headquarters, 101st Combat Aviation Brigade, dated 26 May 2011, subject: Unqualified Resignation, addressed by the applicant to Commander, HRC, shows "I understand that if I have not completed my statutory 8-year MSO, I will be transferred to the IRR to complete the obligation." 5. The DD Form 214 for the period ending 27 May 2012 shows in: a. Block 6 (Reserve Obligation Termination Date): 20150525. b. Block 9 (Command to Which Transferred): N/A. 6. The HRC, Integrated Web Service, Soldier Management System, screen shot of transactions concerning the applicant shows that: a. On 15 November 2012, an entry was made with a subject of "Appointment Packets/Reappointment." The entry stated that the applicant's name was submitted on 1 July 2011 (Captain's scroll), that the applicant’s discharge date was requested, and that the applicant was not obligated. A second entry on the same date shows the applicant's scroll was confirmed on 20110721 in the rank (Captain) requested and HRC was awaiting documents from the individual. The case was closed. The entries further show that an appointment memorandum was typed and in the computer awaiting confirmation and a DA Form 71 (Oath of Office). b. On 26 May 2015, an entry was made showing the applicant called. It shows she was informed that she was discharged due to HRC not receiving a completed DA Form 71 (Oath of Office) for a Reserve appointment [upon her discharge from active duty]. She was informed that she would need to submit for reappointment and gave the applicant the phone number and contact data to submit for 2016. 7. Army Regulation 600-8-24, paragraph 3-5, states that an officer must serve in the Armed Forces until completion of statutory MSO. An officer who requests resignation before completing the 8-year MSO must agree to accept an indefinite appointment in the USAR to complete such service obligation. The act of taking the Reserve officer’s oath by an active Army officer is sufficient to simultaneously terminate the officer's Regular Army status by operation of law. DISCUSSION AND CONCLUSIONS: 1. The applicant contends that her DD Form 214 for the period ending 27 May 2012, block 9, showing "N/A" (Not Applicable) is incorrect and that in accordance with her discharge orders, it should show "US Army Reserve Control Group (Reinf)." 2. The IWS SMS shows that on 21 July 2011 the applicant was approved for a Reserve officer commission as a captain and that HRC prepared (not published) a memorandum of appointment. It further shows that a DA Form 71 (Oath of Office) for a Reserve officer commission for the applicant was never received, resulting in the applicant never being appointed in the USAR for the purpose of completing her MSO and also the reason she was not transferred to the IRR. 3. It appears that based on the evidence, the separating command may not have followed the HRC instructions to at the time of the applicant’s discharge from the Active Army on 27 May 2012, to execute an Oath of Reserve Appointment and forward it to HRC. It appears that the applicant believed she had been transferred to the IRR as a Captain upon her separation according to her request and the separation orders. BOARD VOTE: ____X____ ___X_____ ____X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. 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: a. The applicant executing an Oath of Office showing the date 28 May 2012 and forwarding it to HRC. b. HRC, upon receipt of the above DA Form 71 showing an oath was executed effective 28 May 2012, issuing her a Reserve appointment memorandum with an effective date of 28 May 2012 consistent with her active duty separation on 27 May 2012. c. Amending her DD Form 214 for the period ending 27 May 2012, block 9, to show "US Army Reserve Control Group (Reinf)" consistent with her discharge orders. d. Amending her record to show she completed service in the IRR from 28 May 2012 to 25 May 2015 in the rank of captain. e. Amending her records to show she completed her MSO on 25 May 2015. f. Showing she elected to be retained in the IRR beyond 25 May 2015. _______ _ __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) AR20150010702 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150010702 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1