PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:           16 December 1999
	DOCKET NUMBER:   AR1999018149

	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. David H. Keller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Mr. Raymond V. O’Connor Jr.		Member	
	Mr. Stanley Kelley		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 the months of March 1998 through August 1998 not be counted when it comes to arriving at the total number of months toward putting her into the Individual Ready Reserve (IRR) and the Officer Basic Course (OBC); or, if the months are counted, that she receive credit and be awarded all back pay for the period.

3.  The applicant states that it is unjust to count the aforementioned months in one way, but not count them for service credit and back pay.  She was wrongfully discharged from the Reserve in February 1998 and did not drill during the months March through August 1998.  She believes that it is not fair to count these months in arriving at the total of 36 months used in the regulating guidance that deals with OBC school, but not count them for drill/retirement points and pay credit.

4.  The applicant further states that she received orders putting her back in the Reserve in September 1998.  The first order immediately discharged her out of the Reserve on 3 February 1998; however, she did attend drill in February because she protested the order.  She did not drill again until September 1998.  Not being in the system for these months did not give her a chance to get back to officer basic school and she was commissioned 1 October 1996.  She should not have been discharged in the first place.  In support of her request, she submits a copy of her oath of office, her discharge orders, and a 19 August 1998 memorandum from the Army Reserve Command revoking her discharge, along with a copy of the revocation orders.

5.  The applicant’s military records show that, with 15 years prior Reserve enlisted service, she was appointed a Reserve commissioned officer in the rank of 2d lieutenant, Medical Service Corps, on 1 October 1996.

6.  On 14 January 1997, the applicant was ordered to active duty for training for the period 16 March 1997 to 30 May 1997 for the purpose of attending the Army Medical Department (AMEDD) Officer Basic Course at Fort Sam Houston, Texas.  She was an academic failure, failing to meet the minimum requirement of 70 percent to meet course standards.

7.  On 12 December 1997, the applicant’s Reserve unit requested disposition instructions, informing their brigade headquarters that the applicant failed OBC and would not be funded for retraining by the Army Reserve Personnel Center.  The brigade adjutant informed the applicant’s unit that she had no recourse in this matter, she must resign her commission and that she should try to revert to enlisted status.

8.  The applicant was discharged from the Army Reserve on 3 February 1998 with an honorable discharge.  The authority cited in the orders was Army Regulation 135-175 (Failure to complete AMEDD OBC).

9.  On 19 August 1998, the applicant’s discharge order was revoked.  The authority cited in the revocation orders was Department of Defense Directive (DODD) 1320.10.  A memorandum from the US Army Reserve Command informed the applicant’s regional support command that DODD 1320.10 provided that 2d lieutenants found not promotable to 1st lieutenant will not be discharged prior to completing 30 months of commissioned service.  Since the applicant had been separated and unable to pursue re-enrollment in OBC for a period of 6 months, she would be retained for an additional 6-month period beyond the period outlined in DODD 1320.10.  The command was informed that unless sooner found eligible for promotion, action should then be initiated for removal action on 1 November 1999.  The command was also advised that officers who fail to complete OBC within 24 months of appointment may be involuntarily transferred to the control group of the IRR.

CONCLUSIONS:

1.  The applicant was erroneously discharged on 3 February 1998.  Although her discharge was later revoked on 19 August 1998, it took more than 6 months after the discharge order had been executed.  In reality, the applicant was discharged from the Army Reserve and was a civilian for the period 3 February through at least 19 August 1998.  Her statement that she was not informed of her status until September 1998 is credible.

2.  Through no fault of her own, the applicant did not attend unit drill assemblies or other unit/Reserve training for the months of March 1998 through August 1998.  Had she not been improperly discharged, it is reasonable that she would have attended those drills and received credit and payment for them.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by:

	a.  crediting the individual concerned with having attended unit drills during the months of March through August 1998; and

	b.  by paying her the appropriate pay and allowances for having attended these drills.
2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

__FKM__  __RVO__  ___SK___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_FRED K. McCOY___
		        CHAIRPERSON

INDEX

CASE ID	AR1999018149	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	DASA	
ISSUES         1.	113.0100	
2.	128.1400	
3.		
4.		
5.		
6.