MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            8 April 1999 
	DOCKET NUMBER:    AR1999017352

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Jennifer L. Prater		Member	
	Ms. Barbara J. Ellis		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 her husband’s date of discharge from the Army National Guard (ARNG) be corrected from 22 March to 1 September 1995.

APPLICANT STATES:  That the date entered for his discharge was in error.  He had continued to drill with his USAR unit until August 1995.

EVIDENCE OF RECORD:  The applicant's military records were not provided to the Board.  The two documents cited herein were provided by the applicant herself.

On 23 March 1995 the applicant’s husband executed a DD Form 4 enlisting in the Naval Reserve.

On 6 September 1995 orders were issued by the ARNG discharging him effective 22 March 1995, then in pay grade E-3, due to his enlistment in the Navy Reserve.  

Army Regulation 135-178, paragraph 3-3, requires a reservist/guardsman to be discharged one day prior to his or her enlistment into another component.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  Once the applicant’s husband signed the DD Form 4 enlisting in the Naval Reserve, he no longer had any status in the ARNG.  The ARNG was required by regulation to discharge him the day prior to the date he signed that enlistment.

2.  While it is unfortunate that the applicant’s husband cannot be paid for the drills he performed in the ARNG after his enlistment in the Naval Reserve, his only recourse now would be to petition the Navy Board for Correction of Military Records for a change in his date of enlistment in the Naval Reserve.  If the Navy BCMR corrects his Naval records, the effective date of his discharge from the ARNG would be accomplished as an operation of law and regulation.

3.  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

INDEX

CASE ID	AR1999017352	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990408	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.01	
2.		
3.		
4.		
5.		
6.