MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 November 2000                   
	DOCKET NUMBER:   AR2000040170

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. John H. Kern		Member	
	Mr. Wilfred A. Hale, Jr.		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 discharge from the U. S. Army Reserve (USAR) be upgraded to honorable.

APPLICANT STATES:  That after his release from active duty he was assigned to an active Reserve transportation unit.  His military occupational specialty was 323.10, telephone installer/repairer.  He went to one meeting and all they did was march up and down the hall for two hours.  After not going to meetings in 1966 or 1967 he was assigned to 45 days active duty.  After that he was given a general discharge under honorable conditions.

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

He was inducted into the Army on 11 December 1962.  On this date he acknowledged that after completion of his term of active duty he would be transferred to the Army Reserve and be required to serve in the Ready Reserve for an additional 2 years.  He further acknowledged that during his service as a member of the Ready Reserve he would be required to attend not less than 48 scheduled drills or training periods and not more than 17 days active duty for training annually.  

The applicant was released from active duty on 10 December 1964 and assigned to the 919th Transportation Company, Flint, MI on 18 March 1965.

On 6 January 1966, the applicant was involuntarily ordered to active duty for unsatisfactory participation.

The applicant informed his unit by letter in March 1966 that he had custody of his two children since June 1965 and that such custody was making it impossible for him to attend drills.  His commander informed him by letter that the applicant had been given adequate opportunity to present his reasons for not attending scheduled drills.  As of 15 March 1966, the applicant had attended four out of 41 scheduled drills and he was absent without leave from annual active duty for training.  The commander was not aware of any attempts by the applicant to transfer to the Control Group because of his hardship.  There is evidence of record to show the applicant refused to accept official correspondence and that attempts to contact the applicant, directly and through his mother, failed.  

On 23 May 1966, action was initiated to discharge the applicant for unsatisfactory attendance and participation in the Army Reserve program.  On 9 September 1966, the appropriate authority approved the recommendation and directed he be discharged with a general discharge.  On 15 September 1966, the applicant was discharged with a general discharge.

Army Regulation 135-91 defines Army National Guard and USAR service obligations.  It states that the Ready Reserve obligation is that part of the statutory and/or contractual obligation which requires a soldier to remain in an active Reserve component unit or control group of the Ready Reserve.

Army Regulation 135-178 establishes policies governing the administrative separation of enlisted soldiers from the Army National Guard of the United States and the USAR.  At the time, it provided for the discharge of soldiers for failure to satisfactorily participate in required training.

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 has failed to submit evidence that would satisfy this requirement.

2.  The reason given by the applicant to the Board for his failure to participate in the Ready Reserve is insufficient to grant the relief requested.  The reason given by the applicant to his commander in March 1966 for his failure to satisfactorily participate is insufficient to grant the relief requested in light of the fact he had made no effort to contact his unit prior to March 1966 to explain his reasons or to contact his unit afterwards.

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

__mkp___  __jhk___  __wah___  DENY APPLICATION

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

INDEX

CASE ID	AR2000040170	
SUFFIX		
RECON		
DATE BOARDED	20001128	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.