MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           3 February 1999                   
	DOCKET NUMBER:   AR1999016248

	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	
	Mr. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Fred K. McCoy		Member	
	Mr. Mark D. Manning		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 discharge from the Army Reserve be revoked.

APPLICANT STATES:  That he was honorable discharge from active duty on 18 February 1971 and did not spend any time in the Army Reserves nor did he signup for the Reserves.

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

He was inducted and entered active duty on 19 June 1969.  While still in training he was punished three times under Article 15, UCMJ for 23 days AWOL due to civil confinement, breaking restriction, and failure to go.

He completed training as a clerk and was assigned to Vietnam where he was promoted to pay grade E4 effective 17 March 1970.  While there he was punished twice under Article 15, UCMJ for failure to go and failure to obey a lawful order on several occasions.  On 3 February 1971 the applicant acknowledged his reduction in grade to E3 as part of the punishment imposed.  On 14 February 1971 he signed his installation clearance records in the grade of E3.  Separation orders, dated 18 February 1971 list his pay grade as E4.  The available record does not contain a copy of a reduction order as specified in the record of proceedings of 3 February 1971.

Effective 18 February 1971 the applicant was separated from active duty with an honorable characterization of service.  His grade is shown as E4 and block 14 (command to which transferred) of his DD Form 214 (report of separation) shows USAR Control Group (Annual Training).  He had 1 year, 7 months and 7 days creditable service and 23 days lost time.

The applicant’s records contain an acknowledgement of service obligation statement signed by him on 19 June 1969.  It states that he understands that he has a total 6-year service obligation, of which 2 years will be on active duty and 4 years will be in the Reserve Component.

On 28 June 1972 the applicant was sent a letter from the Reserve Personnel Center to verify if he was confined by civil authorities and, if so, to provide the nature of his offense and duration of his sentence.  On 6 July 1972 the applicant acknowledged that he was in a state correctional institution, sentenced for 2 to 5 years for dangerous drugs.

Effective 8 August 1972 the applicant was reduced in grade to E1 under authority of Army Regulation 140-158 and was dropped from the rolls of the Army by reason of civil confinement under authority of Title 10, USC, section 1163b and Army Regulation 135-178.

Army Regulation 140-158 provides for the promotion and reduction of Army Reserve enlisted personnel.  It provides that when a member of the Army Reserve is to be dropped from the rolls of the Army he will be reduced to pay grade E1.

Title 10 USC, section 1163b provides for the Secretary concerned to drop from the rolls of the service any Reserve Component member who has been found guilty of an offense by a civil court if sentenced to confinement in a Federal or state correctional institution.  It also provides that a member dropped from the rolls under this subsection is not entitled to a discharge under honorable conditions.

Army Regulation 135-178 provides for the separation of Reserve Component enlisted personnel.  It provides that, after having been found guilty of an offense by a civil court, a member of the USAR may be dropped from the rolls if sentenced to confinement in a Federal or state correctional institution.

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 evidence that would satisfy the aforementioned requirement.

2.  On the date of his induction the applicant acknowledged that he had a 2-year active duty and 4 year Reserve Component obligation.  His DD Form 214 states that he was transferred to the USAR on 18 February 1971.

3.  On 6 July the applicant acknowledged that he was confined to a state correctional institution for a period of 2 to 5 years.  Because of this confinement he was reduced to pay grade E1 and dropped from the rolls of the Army in accordance with Army regulations.

4.  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

___SAC__  __FKM___  __MDM___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999016248	
SUFFIX		
RECON		
DATE BOARDED	19990203	
TYPE OF DISCHARGE		
DATE OF DISCHARGE	19720808	
DISCHARGE AUTHORITY	AR 135-178.  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.02	
2.		
3.		
4.		
5.		
6.