MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 December 2000                  
	DOCKET NUMBER:   AR2000041191

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Ernest W. Lutz 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:  In effect, a review of the denial for his request for unqualified resignation.

APPLICANT STATES:  In effect, he believes that he is being unjustly forced to remain in the military after he has served 10 years.  He was not informed that in accordance with Army Regulation 600-8-24 (Officer Transfers and Discharges) he had 30 days from the date of notification of reassignment to turn down the assignment.  In fact, he did not receive a copy of his request for orders until 
25 April 2000, which was 20 days after his request for resignation was denied.  He submitted his resignation so that he could assist his mother with caring for his father.  He submits a request for orders from the US Total Army Personnel Command, dated 28 January 2000; Reassignment Orders #045-00409, dated 
14 February 2000; copies of unqualified resignation requests, dated 10 March and 11 April 2000; a memorandum, dated 5 April 2000, denying his request for separation; and a request for review of the denial, undated. 

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

That on 25 July 1988, he enlisted in the United States Army Reserve (USAR) for a period of 8 years.   In June 1990, he graduated from Wright State University, Dayton, Ohio.  On 8 June 1990, he was appointment and commissioned in the USAR as a second lieutenant, Armor (AR).

On 25 January 2000, his assignment officer, Armor Branch, US Army Personnel Command (PERSCOM) notified him of his new assignment to Fort McPherson, Georgia.  On 28 January 2000, the applicant received a “request for orders” reassigning him to Fort McPherson.  The request for orders shows a reporting date of 30 July 2000.  On 14 February 2000, his orders were issued.

The documents that the applicant submitted show that on 10 March 2000 he submitted his unqualified resignation from the Army to be effective 1 June 2000.  He stated that he was tendering his resignation because he no longer had any goals that he wished to pursue in the Army.  He looked forward to improving his quality of life and to pursuing opportunities outside of the military.  

On 5 April 2000, his request was denied.  The basis for the denial was that he had been on orders since 28 January 2000 and that he had failed to respond or to decline the orders and request separation within the required 30 day timeframe.  Due to manning challenges, only under the most exceptional circumstances were officers and enlisted soldiers being voluntarily separated before the completion of his or her service obligation.

On 11 April 2000, he submitted a second unqualified resignation request in which he stated that in addition to his lack of a desire to remain in the military, he had 
personal/family issues to consider.  His father was elderly and in very poor health as a result of suffering from diabetes and recovering from a stroke.  His mother’s health was failing due to the added pressure and burden of caring for his father.  
The available records contain no response to this request.

Information from his career branch indicates that on an unknown date his request was approved and on 1 June 2000, he was separated from active duty as a result of an unqualified resignation.

Army Regulation 600-8-24 prescribes the policies governing the transfer and discharge of officer personnel.  In pertinent part, the regulation provides that an officer on orders to a course of instructions or stations outside of the Continental United States, or any other assignment that would incur an active duty service obligation would comply with such orders unless an exception was granted by the PERSCOM.  Exceptions are considered on an individual basis, provided the resignation is submitted within 30 calendar days of receipt of alert or reassignment order, whichever was earlier.

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 Board concluded that it was the applicant’s responsibility to manage his own career.  It was his responsibility to do research and to inquire about the proper procedures for refusing an assignment and for submitting an unqualified resignation.

3.  It was within PERSCOM’s discretion to deny or to approve the applicant’s unqualified resignation.  His first request for separation was denied.  However, his second request appears to have been approved.  The available evidence does not show that his rights were ever violated.

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

__rvo___  __jpi____  __ewl____  DENY APPLICATION

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

INDEX

CASE ID	AR	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001207	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.