MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            2 February 2000                  
	DOCKET NUMBER:   AR1999025165

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. James E. Anderholm		Member	
	Mr. Lester Echols		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 unqualified resignation of his commission be amended to reflect transfer to the Army Reserve retroactive to his date of discharge.

APPLICANT STATES:  That he decided to leave the Army and pursue a career in law enforcement as a Federal Bureau of Investigation (FBI) agent; that he was told by FBI recruiters that he could not maintain any military status as an FBI agent; that he later learned that he could, in fact, serve in the Army Reserve (USAR).

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

He was commissioned a second lieutenant on 28 May 1986 upon his graduation from the United States Military Academy.  Initially appointed as an Air Defense Artillery officer, he later transferred to Special Forces Branch where he served in the rank of captain.

During the period May 1996 through August 1997, the applicant decided to leave the Army in order to become an FBI agent.  On 2 June 1997, he submitted his unqualified resignation under the provisions of Chapter 3, Army Regulation 600-8-24.  He indicated that he did not desire an appointment in the USAR.  His request was approved and he was honorably discharged on 15 July 1997 in the rank of captain and with 11 years, 1 month, and 18 days of creditable service.

Army Regulation 600-8-24 prescribes policy and procedures for the transfer of officers from active duty to the Reserve Component and discharge functions for all officers on active duty for 30 days or more.  It states, in pertinent part, that an officer must serve in the Armed Forces until completion of his or her statutory military service obligation (MSO).  An officer who was commissioned on 1 June 1984 or later has an 8-year MSO.  Time spent as a cadet at the United States Military Academy or as an ROTC cadet does not count towards fulfilling the MSO.  An officer who requests resignation before completing the 8-year MSO must agree to accept an indefinite appointment in the USAR to complete such service obligation.  An officer who requests resignation after completing the 
8-year MSO is not required to accept a USAR appointment.

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.  The applicant chose to pursue a career outside of the Army and was led by FBI recruiters to believe that he would be required to completely sever his relationship with the Army.  He voluntarily submitted an unqualified resignation in order to pursue his new occupational goals; he did not choose to transfer to the USAR.
2.  The applicant now states that he was misled by FBI recruiters and seeks to reestablish his ties with the Army through service in the USAR retroactive to his separation on 15 July 1997.

3.  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.  He has failed to submit evidence that would satisfy the aforementioned requirement.  There was no error or injustice committed by the Army in relation to the applicant’s separation.  Should the applicant wish to reestablish military service, he can do so through a USAR recruiter; there is no reason for this Board to effect such action retroactively.

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

_CMF___  ___JEA__  __LE____  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999025165	
SUFFIX		
RECON		
DATE BOARDED	20000202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	100.0000	
2.		
3.		
4.		
5.		
6.