IN THE CASE OF: BOARD DATE: 3 November 2015 DOCKET NUMBER: AR20150003519 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 reconsideration of his request for correction of his records pertaining to the date of his separation and withdrawal of Federal Recognition (31 May 2005). (It is noted that in his original request the applicant mentioned two different adjusted separation dates: 18 November 2002 and 18 November 2003. He does not offer a specific separation date in his request for reconsideration.) 2. The applicant states Michigan National Guard Joint Force Headquarters (NGMI-PER-OB), Lansing, MI, memorandum, dated 20 November 2014, subject: Advisory Opinion, provided information and opinion on the original consideration of his case that offers new evidence in support of his argument. a. The applicant states the advisory official provided a timeline of facts concerning his Michigan Army National Guard (MIARNG) assignment history. It shows, in pertinent part, in paragraph 2, subparagraphs m and n, the following: * "Shortly thereafter, Officer Branch received his signed resignation, dated 17 May 2004, requesting termination of his appointment as an officer, and withdrawal of Federal Recognition for family reasons." * "31 May 2005 – [Applicant] was separated to civilian status per his request on MIARNG Order 154-035, dated 3 June 2005, effective 31 May 2005." b. He states, "[t]his particular finding of these two facts is clear and not in dispute [and] shows administrative delay in processing of 12 months which passed from 17 May 2004 to 31 May 2005 [applicant's emphasis]." He now requests partial relief of his request for correction of his military records. 3. The applicant provides no additional documentary evidence in support of his request for reconsideration. CONSIDERATION OF EVIDENCE: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20140005307 on 22 January 2015. 2. After serving in the MIARNG and following a break in military service, on 30 October 2008, the applicant was appointed as a Reserve commissioned officer, in the rank of captain, in the Army National Guard of the United States (ARNGUS) and Wisconsin ARNG. He was selected for promotion by the Fiscal Year 2015 Lieutenant Colonel Army Promotion List Reserve Components Promotion Selection Board, approved on 26 June 2015. 3. In connection with the processing of this case, an advisory opinion was obtained from the Deputy, Personnel Policy Division, National Guard Bureau (NGB), Arlington, VA, undated (received by the ABCMR on 23 February 2015). a. The advisory official noted that the previous NGB advisory opinion that was provided in the applicant's case recommended disapproval. b. Due to an oversight in the initial advisory opinion and upon further review of the MIARNG (NGMI-PER-OB) memorandum, dated 20 November 2014, it was determined that the applicant submitted his resignation to the MIARNG on 17 May 2004. He was not separated from the MIARNG until 31 May 2005, one year after his request. c. The NGB recommends partial relief by showing he was separated from the MIARNG effective 17 May 2004. 4. On 4 March 2015, the applicant was provided a copy of the advisory opinion in order to have the opportunity to comment. However, to date, a response was not received. 5. National Guard Regulation 635-100 (Termination of Appointment and Withdrawal of Federal Recognition), in effect at the time, prescribes the policy, criteria, and procedures governing the separation of commissioned officers of the ARNG. Paragraph 5 (Criteria), subparagraph a(3), Termination of State Appointment – Resignation, shows an officer may tender a resignation through channels to the State Adjutant General. If accepted, the State Adjutant General will publish orders separating the officer from his ARNG appointment and furnish copies to the Chief, NGB. The resignation may also be concurrent from the ARNG and Reserve of the Army for officers without a remaining service obligation. DISCUSSION AND CONCLUSIONS: 1. The evidence of record shows the applicant submitted his resignation to the MIARNG on 17 May 2004 requesting termination of his appointment as a Reserve commissioned officer and withdrawal of Federal Recognition. However, for reasons that are not clear, his request was not processed in a timely manner. As a result, he was not separated from the MIARNG until 31 May 2005, more than one year after his request. 2. Based on the evidence of record and as a matter of equity, it would be appropriate to correct the applicant's military service records to show withdrawal of Federal Recognition status in the ARNG effective 17 May 2004 and that he was honorably separated from appointment in the ARNGUS and MIARNG and as a Reserve commissioned officer of the Army effective 17 May 2004. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ____X___ ____X___ ____X___ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined that the evidence presented was sufficient to warrant partial amendment of the ABCMR's decision in Docket Number AR20140005307, dated 22 January 2015. As a result, the Board recommends that all Department of the Army and Army National Guard records of the individual concerned be corrected to show withdrawal of Federal Recognition status in the Army National Guard effective 17 May 2004 and his honorable separation from appointment in the Army National Guard of the United States and Michigan Army National Guard and as a Reserve commissioned officer of the Army effective 17 May 2004. 2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to withdrawal of Federal Recognition and separation on 18 November 2002 or 18 November 2003. 3. As a result of this correction, the Defense Finance and Accounting Service shall be notified of the Board's determination. However, this action should not result in the collection of a debt for any pay and allowances the applicant may have received during the period 18 May 2004 through 31 May 2005 as a result of the untimely processing of his resignation and termination of appointment as a Reserve commissioned officer of the Army. _______ _ 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) AR20150003519 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150003519 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1