MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            7 October 1998                  
	DOCKET NUMBER:   AC98-10402

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. James E. Vick		Member	
	Mr. Luther L. Santiful		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:  That his DD Form 214 be corrected to show he was transferred to the U. S. Army Reserve.

APPLICANT STATES:  He believes it was an oversight and he was not paying attention to that block when he signed the form.  He is trying to get in the Reserve now and needs this correction to enlist.

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

He enlisted on 28 January 1982 and had continuous service until his honorable discharge on 9 February 1997, in pay grade E-5, after completing 15 years and 12 days of creditable active service with no lost time.  He had reached his retention control point.

There is no evidence of record to show the applicant enlisted in a reserve component upon his discharge.

Army Regulation 135-91 defines Army national Guard and U. S. Army Reserve service obligations.  It states, in pertinent part, that effective 1 June 1984, all personnel incur an 8-year statutory obligation on initial entry into the Armed Forces.

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.  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 evidences that would satisfy the aforementioned requirement.

2.  At the time of his discharge, the applicant had completed over 15 years of active federal service.  He had completed the 8-year statutory obligation and there was no authority to transfer him to the U. S. Army Reserve without his consent. 

3.  There is no evidence to show he enlisted in any reserve component upon his expiration term of service and so incur a voluntary reserve obligation.

4.  The applicant was appropriately discharged from any further service obligation upon his expiration term of service.

5.  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