PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:        4 November 1998       
	DOCKET NUMBER:   AC98-10144

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

	Mr. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. James E. Vick		Chairperson	
	Mr. Luther L. Santiful		Member	
	Mr. Thomas N. Kuhn		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

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

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his records be corrected to show that he was transferred to the individual ready reserve (IRR) when he was separated from active duty in 1994.  

3.  The applicant states, in effect, that the commander who directed his separation, also directed that he be placed in the IRR; however, neither his order discharging him from active duty nor his DD Form 214 (Certificate of Release or Discharge from Active Duty) show transfer to the IRR.  This should be corrected as he has returned to duty with the National Guard.  He should have over 6 years of total service time.

4.  The applicant’s military records show that the commander of a unit in the 
10th Aviation Brigade at Fort Drum, New York, on 7 March 1994, directed that the applicant be discharged for unsatisfactory performance under the provisions of Army Regulation 635-200, chapter 13.  He directed that the applicant be issued a Honorable Discharge Certificate and that his term of service be characterized as [under] honorable conditions.  He also directed that the applicant be placed in the IRR.

5.  Headquarters, 10th Mountain Division and Fort Drum orders dated 
9 March 1994 reassigned the applicant to the transition point for separation processing with a reporting date of 15 March 1994.  Those orders stated that the applicant would be discharged from the Regular Army after processing and that his date of discharge was 16 March 1994.

6.  The applicant’s DD Form 214 shows that he was discharged on 16 March 1994 for unsatisfactory performance, and that his character of service was honorable.  He was a private first class, pay grade E-3 at the time of his discharge and had 1 year, 11 months, and 22 days of service.  The record of service on his DD Form 214 shows no prior service, either active or inactive; however, the remarks section on that form shows he was in the delayed entry program (DEP) from 26 February to 24 March 1992..

7.  Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 13 establishes policy and prescribes procedures for separating members for unsatisfactory performance.  That chapter states, in part, that commanders will separate a soldier for unsatisfactory performance, when it is clearly established that in the commander’s judgment, the soldier will not develop sufficiently to participate satisfactorily in further training and/or become a satisfactory soldier, or the ability of the soldier to perform duties effectively in the future, including potential for advancement or leadership, is unlikely. The service of soldiers separated because of unsatisfactory performance will be characterized as honorable or under honorable conditions as warranted by their military record.  The criteria  in chapter 1, section VIII, will govern whether the soldier will be released from active duty or active duty for training with transfer to the IRR, or discharged.

8.  Chapter 1, section VIII, concerns the mobilization asset transfer program, and paragraph 1-36 states, in effect, that to retain potential mobilization assets, only those soldiers with no potential to meet mobilization requirements will be discharged.  Soldiers separated for alcohol or other drug abuse rehabilitation failure, misconduct or homosexuality, or with a characterization of service of  under other than honorable conditions, will not be transferred to the IRR.  All other personnel who have not completed their statutory service obligation and who meet certain criteria will be transferred to the IRR.  Soldiers separated for unsatisfactory performance whose service will be characterized as honorable will be transferred to the IRR. 
 
CONCLUSIONS:

1.  The applicant should have been transferred to the IRR when he was separated from active duty on 16 March 1994.  His DD Form 214 should be changed accordingly.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the applicant was transferred to the Individual Ready Reserve  on 16 March 1994. 

BOARD VOTE:  

_JEV___  ___LLS__  _TNK____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON