IN THE CASE OF: BOARD DATE: 10 November 2015 DOCKET NUMBER: AR20150003382 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 military record be corrected to show that she did not retire and that she be reinstated as an active duty servicemember in the pay grade of captain (CPT)/O3E as if there had been no break in service and no retirement. 2. The applicant states: * she should have never been considered by the Enhanced Selective Early Retirement Board (E-SERB) * when she was selected by the E-SERB, she should never have been considered for retirement * based on her strong military performance to date, the admitted error as regards to her inclusion in the E-SERB, and in the interest of justice and equity, she requests to be reinstated back to active duty as a CPT/O-3E 3. The applicant provides: * A self-authored letter dated 12 February 2015 * Military Personnel (MILPER) Message 13-356 issued 6 December 2013 * Acknowledgement of Selective Early Retirement * an email from Major C_____ dated 22 December 2014 * Article: “Army Reverses Forced Separation for 160 Officers” * A DA Form 638 (Recommendation for Award) * A DD Form 214 (Certificate of Release or Discharge from Active Duty) dated 30 November 2014 CONSIDERATION OF EVIDENCE: 1. On 11 August 1992, the applicant enlisted in the Regular Army (RA). The highest rank she achieved was a sergeant first class (SFC)/E-7. 2. On 31 July 2008, she was honorably discharged from the RA in the rank of SFC/E-7. 3. A DA form 71 (Oath of Office – Military Personnel) shows she was appointed and executed her oath of office as a 2LT in the USAR on 1 August 2008. 4. Order Number 014-054 dated 14 January 2010 shows she was promoted to first lieutenant (1LT)/O-2E effective 1 February 2010. 5. Order Number 256-045 dated 13 September 2011 shows she was promoted to captain (CPT)/O-3E effective 1 October 2011. 6. During Fiscal Year (FY) 2014, the CPT E-SERB convened in March 2014. The applicant was considered and selected by this board, and elected retirement under the provisions of law governing the board on 30 July 2014. 7. On 21 August 2014, the applicant received retirement Orders 233-0151. 8. A DD Form 4 (Enlistment/Reenlistment Document Armed Forces of the U.S.) dated 29 November 2014, shows the applicant enlisted in the RA for the purpose of retiring as a SFC/E-7. 9. On 30 November 2014, she was retired by the U. S. Army Human Resources Command (HRC) at her highest enlisted grade held (E-7) since she did not have the minimum number of years of active federal commissioned service (AFCS) to retire at her commissioned officer rank of CPT. Her DD Form 214 shows she completed 22 years, 3 months and 18 days of net active service. 10. Military Personnel (MILPERS) Message Number 13-356 (FY14 Officer Separation Boards (OSB) and E-SERB, CPT, Army Competitive Category (ACC)) issued on 6 December 2013, states, “E-SERB Eligible Officers: RA Officers in the ACC and on the active duty list in the grade of CPT with a date of rank to CPT of 29 January 2009 to 14 July 2012, and who have 18 years or more of AFCS as of the convene date of their board will be considered by an E-SERB provided they are not on a list of officers recommended for promotion to the next higher grade.” 11. On 29 May 2015, an advisory opinion was provided by HRC which essentially stated: a. It was determined that an error had been made in the consideration and selection of a small group of officers considered for the E-SERB who did not meet the minimum number of years of AFCS and were erroneously considered and selected by the Board. b. The applicant was contacted by HRC and provided with a number of options available to her, one of which was the opportunity to be reinstated back on active duty and continue to serve at her current commissioned officer rank which she elected to do. c. They recommend approval of the applicant’s request for relief and that she be reinstated into the RA and that the following corrections to her official military records be made: * the applicant’s DD Forms 214 dated 28 November 2014 and 1 December 2014 and her DD Form 215 dated 27 December 2014 be revoked * her separation orders dated 21 August 2014 be revoked * the DD Form 4/1 dated 29 November 2014 be voided * the applicant receive the pay and allowances she would have otherwise received in the pay grade of CPT for the period 30 November 2014 through the date of her reinstatement, less the amount received in retired pay during the same period 12. On 16 June 2015, the applicant was provided with a copy of HRC’s advisory opinion, but no response was received. DISCUSSION AND CONCLUSIONS: 1. The applicant contends she was erroneously considered and selected for separation by the E-SERB. a. The MILPER message which guided the E-SERB's area of consideration clearly shows that the applicant did not have the required AFCS time to be considered by the E-SERB. This is further supported by the advisory opinion provided by HRC. b. The evidence of record shows she was improperly considered by the E-SERB and should not have been selected for retirement. 2. Based on the foregoing, there is sufficient evidence upon which to base granting the requested relief. 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: a. Revoking the applicant’s DD Forms 214 dated 30 November 2014 and DD Form 215 dated 19 December 2014. b. Revoking her separation orders dated 21 August 2014. c. Voiding the DD Form 4 dated 29 November 2014. d. Paying the applicant the pay and allowances she would have otherwise received in the [pay] grade of CPT for the period 28 November 2014 through the date of her reinstatement, less the amount she received in retired pay during the same period. _______ _ ___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) AR20150002745 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003382 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1