MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  21 December 2000
	DOCKET NUMBER:  AR2000042236

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Ms. Gail J. Wire		Member	
	Mr. Ernest W. Lutz		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, that his records be corrected to show he was promoted to first lieutenant (pay grade 0-2) and reinstatement to his previous status in the USAR Control Group in the Individual Ready Reserve (IRR).

APPLICANT STATES: That he completed the Infantry Officer Basic Course (IOBC) and should have been promoted and had he been promoted, he would not have been discharged.  He has been accepted to an active Reserve unit and now desires to serve his country.

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

On 20 May 1990, he was commissioned as a second lieutenant, pay grade 0-1, Infantry.

On 25 May 1990, he was assigned to the Connecticut Army National Guard (CTARNG), in pay grade 0-1.

During the period 10 February to 4 June 1991, he successfully completed the Infantry Officer Basic course (IOBC).

On 26 February 1992, his Federal recognition was withdrawn, and he was relieved from his authorized overstrength status and honorably separated from the CTARNG under National Guard Regulation 635-100, paragraph 5a(4) based on being absent without leave (AWOL) for a period of 3 months.  He was transferred to the USAR Control Group (Reinforcement).

On 21 May 1997, he was honorably discharged from the USAR, in the rank of second lieutenant, pay grade 0-1, based on completion of his military service obligation.  There is no evidence of his participation while assigned to the USAR Control Group (Reinforcement).

In the absence of evidence to the contrary, a presumption of regularity applies that the records of the individual concerned are correct.

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 evidence of record shows the applicant was AWOL for 3 months while assigned to the CTARNG, which was the reason for his subsequent discharge and reassignment to the USAR.

2.  While assigned to the CTARNG, the applicant did not attain sufficient service to be promoted to first lieutenant.

3.  While assigned to the USAR Control Group (Reinforcement), there is no evidence of participation on the applicant’s part.

4.  The applicant was AWOL and separated from the CTARNG for that reason, and he did not participate in the Reserve or pursue a military career, and should not now receive promotion or reinstatement at this late date.

5.  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.

6.  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

__kk____  ___gw___  ___el___ DENY APPLICATION

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

INDEX

CASE ID	AR2000042236	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001221	
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         1.131	Promotion to 0-2	
2.110	Reinstate into the USAR Control Group (Rei)	
3.		
4.		
5.		
6.