MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           17 May 2000                   
	DOCKET NUMBER:   AR1999029129

	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. Carl W. S. Chun		Director	
	Mr. Richard H. Allen		Analyst	

  The following members, a quorum, were present:

	Mr. Arthur A. Omartian  		Chairperson	
	Mr. Van B. Cunningham 		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:  In effect, retirement point credit for an annual training (AT) period in April 1985.

APPLICANT STATES:  In essence, that she was excused by her sergeant because she was pregnant.  She submits a birth certificate of one of her twin daughters showing the birth of her daughter was on 20 April 1985.  She also submits documents from her Representative in Congress, her DD Form 
214 (Certificate of Release or Discharge from Active Duty) issued on 10 April 1980, and an ARPC Form 606-E (Retirement Points) credited to the applicant for her USAR service, dated 13 March 1996.

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

She enlisted in the Army Reserve (USAR) for 6 years on 23 November 1979.  On 27 November 1979 she reported for her initial active duty for training (IADT) period.  She was trained in military occupational specialty (MOS) 75B (Personnel Administrative Specialist).  On 10 April 1980, she was honorably released from active duty and was returned to her USAR unit at the completion of her IADT.  She was issued a DD Form 214 which showed she was credited with 4 months and l4 days active duty.  

The applicant continued to serve with a troop program unit (TPU) in the USAR and was advanced to the rank of specialist, pay grade E-4 on 9 January 1983.  Her ARPC Form 606-E showed that her retirement year (RY) was from 
23 November to 22 November.  She earned a total of 180 retirement points in the RY ending in November 1980; 59 retirement points for the RY ending in November 1981; 55 retirement points for the RY ending in November 1982;  
63 retirement points for the RY ending in November 1983; 71 retirement points for the RY ending in November 1984; but only 15 retirement points (membership points) for the RY ending in November 1985, with no credit for any AT periods shown for her last RY between November 1984 and November 1985.     

The applicant’s military records shows several letters, Subject:  Letter of Instructions—Unexcused Absence were mailed to her in April, August, September and December 1984 informing her that she had missed one or more scheduled unit training assemblies or multiple unit training assemblies, without an excused absence.  She was advised to submit justification for the missed assemblies, and when the next monthly assembly was scheduled. These letters were sent certified mail and at least two were returned as unclaimed, but two were signed for.  The notice sent in December 1984 (not signed for and returned) noted that she had 16 unexcused absences within the past year and that 9 missed drills were a basis to declare her an unsatisfactory participant and that discharge action with an under other than honorable conditions (UOTHC) discharge could be initiated, or a transfer to the Individual Ready Reserve could be directed, to complete the remainder of her statutory service obligation, and than be discharged with a UOTHC.

On 22 April 1985, her TPU issued ORDERS 24-25, transferring the applicant from her TPU to the USAR Control Group (Annual Training) for Unsatisfactory Participation, effective the same date, in accordance with Army Regulation l40-10.  There is no evidence that she was scheduled for or excused from any AT periods scheduled during April 1985.  

On 21 November 1985, the US Army Reserve Personnel Center (ARPERCEN) issued DARP-AIR-R(N1) Orders D-11-071005 honorably discharging her from the Ready Reserve effective 22 November 1985, i.e., at the end of her 6-year service obligation, in accordance with Army Regulation 135-178.  A second set of orders was issued by the ARPERCEN in June 1986 accomplishing the same action, effective 25 June 1986. 

Army Regulation 135-91, in chapter 4 specifies that a USAR soldier with nine or more unexcused absences from scheduled training sessions, may be discharged or transferred to the IRR to complete their service obligation in accordance with USAR transfer procedures outlined in Army Regulation 140-10.  Chapter 4  of Army Regulation 135-91 also contains procedures for a USAR solider who is pregnant to be counseled concerning her responsibilities as a parent and a member of the USAR.  Pregnancy is an approved basis for being excused from unit training periods and annual training requirements.  However, documentation must be submitted from a physician to document the reason for excusing a soldier to the unit commander.  The unit commander is authorized to grant approval of absences.   

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, in this case, has failed to submit evidence that would satisfy the aforementioned requirement.

2.  The Board is satisfied that the applicant was expecting to give birth in the spring of 1985, and that she delivered two babies on or about 20 April 1985.  However, the applicant has failed to provide any evidence that she was excused by competent authority such as her commander, from attending scheduled unit training periods or to attend the unit’s annual training sessions scheduled in April 1985.  Further, her records also do not contain any such documentation.

3.  Additionally, it is questionable whether the applicant was considered a solider in good standing with her USAR unit.  As of December 1984, she had missed at least 16 unit training periods and most likely discharge/separation proceedings were started by her unit sometime after the beginning of 1985.  Therefore, it may well have been that she was not even scheduled to attend the unit’s AT period in April 1985.  

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

__aao___  __vbc___  __le_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR1999029129	
SUFFIX		
RECON		
DATE BOARDED	20000517	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	DIRECTOR	
ISSUES         1.	135.02	
2.		
3.		
4.		
5.		
6.