PROCEEDINGS

	IN THE CASE OF:   

	BOARD DATE:           11 February 1999                   
	DOCKET NUMBER:   AC98-11263
                                              AR1998014391

	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. Michael L. Engle.		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Van B. Cunningham		Member	
	Ms. Carol Jo Suiter		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 her military records be corrected to show her separation date from the United States Army Reserve (USAR) as 27 May 1996.

3.  The applicant states that she was separated from the USAR on 27 May 1996 and not on 30 April 1996 as her records reflect.  She further contends that she attended two additional drills after 30 April 1996 and is entitled to drill pay.  In support of her application she summits a letter from the Defense Finance and Accounting Service, dated 12 September 1997 advising her of a $66.57 debt for drill pay she received following her discharge from the USAR.  She also submits a copy of her application for orders to a United States Naval Reserve unit, and her request for conditional release from the USAR.

4.  The applicant’s military records show that she enlisted in the USAR on 7 August 1995 for 8 years in the grade of specialist (E-4).  On 6 September 1995 the applicant was ordered to initial active duty for training, with a reporting date of 1 April 1996, for the purpose of attending basic combat training and advanced individual training.

5.  On 6 March 1996 the applicant requested a conditional release from the USAR for the purpose of enlistment in the United States Naval Reserve (USNR). She acknowledged that she was required to continue to satisfactorily perform all required training with her USAR unit up to 7 days prior to reporting to the USNR. On 11 April 1996 the appropriate authority approved the applicant’s request for conditional release from the USAR.

6.  On 12 March 1996 the applicant requested cancellation of her USAR training in military occupational specialty 91C (practical nurse).  On 30 April 1996 the appropriate authority approved her request, cancelled the applicant’s training reservation and requested that the commander initiate action to discharge her for failing to attend training due to apathy.

7.  On 20 March 1996 the applicant requested to enlist in the USNR.  The appropriate authority approved her request on 8 April 1996.

8.  On 12 March 1997 the applicant’s USAR commander initiated action to separate her from the USAR under the provisions of Army Regulation 135-178, due to her lack of motivation to attend practical nurse training as ordered with a report date of 27 March 1996.  He informed her that she could provide a rebuttal statement in her behalf, and that her discharge would be uncharacterized.  There is no evidence that the applicant responded.

9.  Accordingly, on 19 March 1997 the applicant was discharged from the USAR with an effective date of 30 April 1996.

10.  On 28 May 1996 the applicant enlisted in the USNR, obligating herself until 27 May 2004.

11.  Army Regulation 135-178 prescribes policies, standards, and procedures governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the USAR.

CONCLUSIONS:

1.  The evidence of record shows that the applicant enlisted in the USAR on 7 August 1995, did not complete basic combat training or advanced individual training, and was discharged on 30 April 1996.

2.  Lacking evidence to the contrary, it appears to the Board that the applicant continued to satisfactorily perform required training with her USAR unit in accordance with the provisions of her conditional release until her enlistment into the USNR on 28 May 1996.

3.  The applicant’s USAR commander delayed the publication of her discharge orders for almost a year, and then directed the effective date to be 30 April 1996.
This action did not take into consideration her USAR unit training performed during May 1996.

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

RECOMMENDATION:

That all Department of the Army records related to this case, of the individual concerned, be corrected by voiding her discharge from the USAR on 30 April 1996; and showing that she was discharged from the USAR on 27 May 1996.

BOARD VOTE:  

____X____  ____X____  ____X____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AC98-11263	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	1999/02/11	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.