MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC

	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	
	M		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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, to change the period of service to three full years to be eligible for education benefits; and to change her “discharge” to “release from active duty” and transfer to the Army Reserves

APPLICANT STATES:  She is requesting that her time in service be changed from 35 months to 36 months.  She contributed to her GI bill for one year.  She asks if . she would qualify for educational benefits under the 2 by 4 reserve enlistment program (2 years Regular Army and 4 years Army Reserves).  She wants to save her educational benefits and receive credit for the time spent in the military toward educational benefits.

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

That she enlisted on 15 October 1993 for a 3 year term of service with a follow on 
5 year reserve obligation.  After completing training as a petroleum supply specialist, she was stationed in Korea from 23 September 1994 to 10 September 1995.  She was transferred to Germany on a joint domicile move with her military husband arriving on 11 October 1995.  She achieved the grade of E4 on 15 December 1995.

She received numerous counseling statements between November 1996 and 
June 1997 for misconduct and unsatisfactory performance.  In March 1996, she received an Article 15 non-judicial punishment for disobeying a lawful order and was reduced to an E3.  In June 1996, action was begun to administratively separate her under Chapter 13, Army Regulation (AR) 635-200, for unsatisfactory performance. 
A bar to reenlistment was also initiated on 18 July 1998 stating that the, “Service member displays a general apathetic attitude, requires constant supervision, below average performance causes extra work for others.  Received a DA Form 4856 for unsatisfactory performance, failure to report, and insubordination.”

On 26 July 1996, the applicant requested discharge under chapter 16-5, 
AR 635-200, voluntary separation for soldier denied reenlistment by a bar to reenlistment.  She requested separation at the earliest date.  She also requested separation in Europe.

Her request for discharge was approved on 31 July 1996 by the battalion commander who directed an honorable discharge and denied transfer to the Individual Ready Reserves stating that, “The applicant had no potential for useful service under the conditions of full mobilization.”  She was so discharged on 
13 September 1996 with 2 years 10 months 29 days of creditable service.

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 requested discharge on 26 July 1996 at the earliest date, was discharged on 13 September 1996, and by her own request did not finish her first 
3 year term of enlistment which was required to be eligible for the GI Bill educational benefits.  There is no provision to except or waive the requirements for this educational benefit under these circumstances.

2.  There is no provision to change the applicant’s actual period of service from 
the 2 years 10 months 29 days which she did serve to a 3 year period of service which she did not serve.

3.  In light of the applicant’s record of misconduct and unsatisfactory performance and the decision of the separation authority to deny continued service, there is no justification to change the applicant’s “discharge” to “release form active duty” and transfer to the Army Reserves.

4.  Having enlisted for 3 years service in the Regular Army, the applicant incurred 
an 8 year military obligation with the remaining 5 years in the reserves unless she fulfilled the 8 year obligation with continued reenlistment in the Regular Army.  She did not enlist for nor does she qualify for benefits under the 2 by 4 enlistment program.

5.  The record does not contain any evidence nor has the applicant submitted any evidence to prove her contention of error or injustice.  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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director