MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           15 February 2001                  
	DOCKET NUMBER:   AR2000044035

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn 		Chairperson	
	Ms. Margaret K. Patterson 		Member	
	Mr. Melvin H. Meyer 		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 from the Individual Ready Reserve (IRR) be revoked.   

APPLICANT STATES:  That she was discharged from the IRR on 21 April 2000. Prior to that, she had been attempting to regain active Reserve status.  She stopped drilling with the 348th General Hospital in 1993 and began working on her Masters’ Degree, and for the past five years has worked full time, and also a part time job while attending school.  She has been ill on and off during the last three years, and has been diagnosed with multiple sclerosis.  Her symptoms are controlled and she is able to perform the duties of a Reserve officer.  She received a Masters of Science in Nursing in May 2000.  She states that she was not informed that she would be discharged if she did not complete the officer advanced course (OAC); and that she assumed that she was passed over for promotion to major because she had not actively drilled.  She did not realize she had been passed over until she talked with her personnel management officer.  Had she known, she would have planned differently; however, her workload would have made it almost impossible for her to successfully complete the OAC.
She has an opportunity to teach if her request is granted.  She has three years of active duty, and just short five years of active Reserve.  If her request is granted she would immediately begin the OAC.

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

The applicant was appointed a second lieutenant in the Army Reserve on           28 May 1985, and was ordered to active duty with a reporting date to Fort Sam Houston, Texas on 10 July 1985.  She completed training and was assigned to Walter Reed Army Medical Center of 10 September 1985.  She completed her tour of active duty and was released on 23 July 1988, and assigned to a hospital (Reserve unit) in Dover, New Jersey.  She was promoted to captain effective on 27 May 1991. 

Army Regulation 135-155 prescribes policy and procedures for selection and promotion of commissioned officers of the Army Reserve.  To qualify for selection, commissioned officers in rank of captain must have completed an OAC not later than the date the selection board convenes.

Army Regulation 140-10 prescribes policies and procedures to remove or transfer Reserve soldiers.  Paragraph 7-4 states that officers who are twice not selected for promotion to major will be discharged or transferred to the Retired Reserve.

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 applicant herself has stated that she had not been in an active Reserve status since 1993, and that she did not attend OAC.  It is difficult to believe that the applicant was unaware of the OAC requirement in order to be promoted.  Nonetheless, she made her choices.  Her apparent non selection for promotion and discharge were proper. 

2.  The applicant has submitted neither probative evidence nor a convincing argument in support of her request.   

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 that 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

___mkp__  ___fne___  ___mhm_  DENY APPLICATION

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

INDEX

CASE ID	AR2000044035	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010215	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  192	110.00	
2.	135.03	
3.		
4.		
5.		
6.