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 applicant’s 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 applicant’s 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