MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:           1 March 2000                    
	DOCKET NUMBER:   AR1999026783

	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.

	Ms. Deyon D. Battle		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby  		Member	
	Mr. John Saputo		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 discharge papers be corrected to show that she was discharged from the USAR in the rank of second lieutenant (2LT).

APPLICANT STATES:  That she obtained a bachelors of science degree in June 1964.

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

On 5 January 1954, she enlisted in the Army for 2 years in the pay grade of E-1. She successfully completed her training as a medical technician.  On 5 May 1954, she was promoted to the pay grade of E-2.  She was honorably discharged by reason of marriage on 24 June 1955, after she completed 1 year, 5 months and 20 days of total active service.

On 1 May 1974, the applicant enlisted in the USAR for 1 year in the pay grade of E-3.  The record shows that her enlistment in the USAR was contingent upon her being medically qualified under Project 6000.  

On 15 May 1974, she underwent a physical examination and she was found to be medically disqualified for retention in the USAR.  Consequently, the Assistant Adjutant General recommended that she be discharged from the USAR or that her enlistment in the USAR be voided.

The recommendation to void the enlistment was approved by the appropriate authority on 30 August 1974.  Accordingly, on 11 September 1974, the applicant was released from the USAR with an effective date of 1 May 1974, under the provisions of Army Regulation 135-178, by virtue of a void enlistment. 

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 actions by the Army in this case were proper, and there is no doubt to be resolved in favor of the applicant.

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of the request.  The record clearly shows that she was discharged from active duty in the pay grade of E-2.  She enlisted in the USAR in the pay grade of E-3 and that enlistment contract was voided as a result of her being medically disqualified for USAR enlistment.  There is no evidence of record that shows that she was ever appointed the rank of 2LT.

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.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

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

__gdp___  __mmd__  _js______  DENY APPLICATION

						Karl F. Schneider
				     Director, Army Review Boards Agency

INDEX

CASE ID	AR1999026783	
SUFFIX		
RECON		
DATE BOARDED	2000/03/01	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  224	112.0200	
2.  		
3.  		
4.		
5.		
6.