MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC9805486

	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.  The following members, a quorum, were present:

	Mr.			Chairperson	
	Mr.			Member	
	Mr.			Member	

	Also present, without vote, were:

	Mr.	Loren G. Harrell		Director	
				Analyst	

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

	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:  That the narrative reason for separation on his DD Form 214 (Certificate of Release or Discharge from Active Duty) be changed to show “Enter Officer Training program/To go to school”.

APPLICANT STATES:  That he cannot receive unemployment benefits because the state employment commission will not accept the narrative reason for separation on his DD Form 214 as a reasonable discharge for receiving benefits. He contends if “to go to school” was added that it would be acceptable.

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

The applicant was enlisted in the Delayed Entry Program on 26 April 1993.  

He was then enlisted into the Regular Army on 10 September 1993 for a period of 3 or more years.  He received training as a heavy wheeled vehicle mechanic and was assigned to Germany.  Records show he was awarded the Good Conduct Medal and the Army Achievement Medal.  He was advanced to private first class.

He received a voluntary early discharge from the Regular Army to attend an ROTC program, one year prior to his normal separation date (ETS).

The facts and circumstances to the applicant’s separation processing are not contained in his personnel records.

His records contain a DD Form 214 (Certificate of Release or Discharge from Active Duty) which shows that he was discharged under the provisions of Army Regulation 635-200, chapter 16.

The applicant was honorably discharged on 22 August 1995.  He had one year, 11 months, and 13 days of creditable service.  The narrative reason for separation shows in item 28 of his DD Form 214 is “Enter Officer Training Program”.

On 23 August 1995 he was enlisted for 6 years in the Reserves as a Cadet.
He entered Reserve Officers’ Training Corps at Prairie View A&M University at the time.

The applicant applied to the Army Discharge Review Board (ADRB) on 
23 January 1998.  His request for the narrative change was denied.

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Chapter 16, paragraph 16-2, of that regulation provides, in pertinent part, that a member may be discharged prior to his/her ETS for the purpose of acceptance into a program leading to a commission or warrant officer appointment in any (ROTC), Officer Candidate School (OCS), and other officer accession programs of the USN, USAF, that require enlistment in those branches of the Armed Forces.  Discharge may be approved upon presentation of documentary evidence from the proper authority showing that the soldier has been accepted for an officer commissioning or appointment program, subject to discharge from his or her Army enlisted status.  Discharge will be effective the day preceding enlistment in the appropriate branch of the Armed Forces.  The service of soldiers separated under this paragraph will be characterized as honorable. 

The regulation shows for other discharge programs concerning schooling, that individuals must have 90 days or less remaining to ETS.

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 has failed to show through the evidence submitted with his application or the evidence of record that the narrative reason on his DD Form 214 is incorrect or unjust or should be changed to show “to go to school” .

2.  All individuals separated for more than 90 days early for enlistment into ROTC receive the same narrative reason for separation.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there appears to be 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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director