MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           24 November 1998                  
	DOCKET NUMBER:   AC98-08606

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Loren G. Harrell		Director	
	Ms. Juanita I. Williams		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. Robert W. Garrett		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, correction of her records to show she was not declared an unsatisfactory participant.   

APPLICANT STATES:  That in May 1992 she was assigned to the 421st Quartermaster Company, Fort Valley, Georgia.  However, she does not remember signing any documents requesting this assignment nor does she remember seeing a recruiter.  She states that although recruiters contacted her, she never attended any drills at the 421st and should have been transferred back to the Individual Ready Reserve as a “no-show.”  She states that she is presently assigned to the 411th Civil Affairs Battalion in Danbury Connecticut, and is unable to receive an affiliation bonus until this matter is rectified.   

EVIDENCE OF RECORD:  The applicant's military records show:

She enlisted in the USAR, Delayed Entry Program, on 25 May 1990 and remained assigned thereto until 16 October 1990 when she enlisted in the Regular Army, incurring an 8-year military service obligation, as specified in her enlistment documents.  Her enlistment documents also state that if she served less than 3 years on active duty she would have to actively participate iin the USAR to make up the difference.  

The highest grade the applicant attained was private first class (E-3).  On 19 March 1992 she was honorably released from active duty by reason of hardship, having completed 1 year, 5 months and 4 days of active service.  Her separation document (DD Form 214) shows her Reserve obligation termination date as 24 May 1998, and she was transferred to the USAR Control Group (Annual Training).

On 26 May 1992 the Army Reserve Personnel Center (ARPERCEN) published reassignment orders releasing the applicant from the Control Group (Annual Training) and assigning her to the 421st Quartermaster Company, 720 N. Camellia Boulevard, Fort Valley, Georgia, effective 27 May 1992.  The orders show the reason for the reassignment as “voluntary” and her expiration term of service as 15 October 1998.  The orders were addressed to the applicant at P.O. Box 1232, Fort Valley, Georgia.  

Unit Records of Reserve Training (DA Forms 1379) of the 421st Quartermaster Company for June, July, and August, 1992 show the applicant with unexcused absences from scheduled multi-unit training assemblies (MUTA) for those months.  (Note:  MUTA’S are two or more unit training assemblies conducted consecutively, usually on Saturday and Sunday).  

On 27 September 1992 Headquarters, United States Army Reserve Command, East Point, Georgia, published orders reassigning the applicant back to the USAR Control Group (Annual Training) by reason of “unsatisfactory participant” effective 22 September 1992.  Those orders were addressed to the applicant at the same address as the orders assigning her to the 421st Quartermaster Company.   

Army Regulation 140-1 states that the Control Group (Annual Training) consists of non-unit Ready Reserve members with a training obligation.  They may be assigned to units by the Commander, Army Reserve Personnel Center (ARPERCEN), or to other appropriate training deemed necessary by their personnel management officer or enlisted career advisor at the ARPERCEN. 

Army Regulation 135-91 provides that a member is an unsatisfactory participant when nine or more unexcused absences from scheduled drills occur within a 
1-year period.  Paragraph 4-11b provides that when an absence involves a MUTA or any portion of a MUTA, the charge will be one unexcused absence for each 4-hour period not attended, not to exceed four unexcused absences.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The applicant incurred an 8-year military service obligation when she entered military service on 25 May 1990.  Her DD Form 214 issued upon her separation from active duty showed her reserve obligation termination date as 24 May 1998, and she was transferred to the USAR Control Group (Annual Training).   Since she completed only 1 year, 5 months and 4 days on active duty she was obligated to actively participate in the USAR.  

2.  The applicant contends that although recruiters contacted her after her separation from active duty, she never signed any documents requesting assignment to the 421st Quartermaster Company, which is the reason she never attended any drills with that company. 

3.  While the provisions of Army Regulation 140-1 cited above indicate that the ARPERCEN may assign a member of the Control Group (Annual Training) to a unit, the Board notes that the orders assigning the applicant to the 421st Quartermaster Company show that the assignment was a “voluntary” reassignment, which implies that the applicant knowingly and willingly agreed to and accepted the assignment.  

4.  After failing to attend MUTA’s with the 421st Quartermaster Company for 3 consecutive months, accruing 12 unexcused absences, the applicant was properly declared an unsatisfactory participant and transferred back to the Control Group (Annual Training).  

5.  It appears that her being declared an unsatisfactory participant did not preclude her from joining another unit, as she indicates in her application that she is now a member of a unit in New York.  Her inability to receive a bonus for joining that unit, however, is not, a basis for declaring that she was not an unsatisfactory participant in 1992.  

6.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

___GDP__  ___CLA__  ___RWG__  DENY APPLICATION

						Loren G. Harrell
						Director