PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 March 2001
	DOCKET NUMBER:   AR2000047685

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Ms. Shirley L. Powell		Chairperson	
	Mr. John P. Infante		Member	
	Mr. Regan K. Smith		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                	       records
	Exhibit B - Military Personnel Records (including
	                 advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his military records be corrected to show his date of discharge from the USAR (United States Army Reserve) as 29 June 1998 vice 31 December 1998.

3.  The applicant states that Orders 317-20 dated 13 November 1998, Headquarters, US Army 94th Regional Support Command, Devens, Massachusetts, shows his effective date of discharge from the USAR as 
31 December 1998.  He states that he enlisted in the Maine Army National Guard on 30 June 1998 and the effective date of his discharge should be 29 June 1998. In support of his application he submits a copy of his enlistment contract with associated documents showing his enlistment in the Army National Guard on 
30 June 1998, NGB Form 22-3 (Request for Waiver), memorandum dated 
24 June 1998, Subject: Request for Enlistment Waiver, Orders 317-20 dated 
13 November 1998, Headquarters, US Army 94th Regional Support Command, Devens, Massachusetts, that shows his effective date of discharge from the USAR as 31 December 1998, a copy of his contract showing his reenlistment into the USAR for 6 years on 9 April 1996, and an honorable discharge certificate with an effective date of 31 December 1998.

4.  The applicant’s military records show that he enlisted in the Army National Guard on 13 January 1993 for a period of 8 years.  He was honorably discharged on 8 April 1996 and was transferred to a USAR troop program unit (TPU).  He reenlisted in the USAR on 9 April 1996 for a period of six years and his expiration term of service (ETS) was 8 April 2002.  He was transferred to the USAR Control Group (Reinforced) effective 1 March 1997 as an unsatisfactory participant. 

5.  On 23 June 1998 the applicant requested a waiver to enlist into the Maine Army National Guard.  The waiver was approved on 24 June 1998.  He enlisted in the Army National Guard on 30 June 1998 for a period of 3 years, 9 months, and 9 days.  His ETS remained as 8 April 2002. 

6.  Orders 317-20 dated 13 November 1998, Headquarters, US Army 94th Regional Support Command, Devens, Massachusetts, provided by the applicant shows his effective date of discharge from the USAR as 31 December 1998.  Also, he was issued an honorable discharge certificate with an effective date of 
31 December 1998.

CONCLUSIONS:

1.  The applicant’s reenlistment in the USAR on 9 April 1996 for a period of 
6 years established his ETS as 8 April 2002.  

2.  His ETS remained as 8 April 2002 when he enlisted in the Army National Guard on 30 June 1998. Therefore, orders 317-20 dated 13 November 1998, Headquarters, US Army 94th Regional Support Command, Devens, Massachusetts that shows his effective date of discharge from the USAR as 
31 December 1998 are invalid.  

3.  Under the circumstances, the applicant should have been discharged from the USAR effective 29 June 1998 for the purpose of enlistment in the Maine Army National Guard on 30 June 1998, based upon approval of his previous request.

4.  In view of the foregoing, and in so far as the Department of the Army is concerned, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

a.  showing that the discharge of the individual concerned from the USAR effective 31 December 1998 is null and void and without force or effect; and

	b.  showing he was discharged from the USAR effective 29 June 1998 for the purpose of enlistment in the Maine Army National Guard on 30 June 1998.

BOARD VOTE:  

__SLP___  __JPI__  __RKS___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Shirley L. Powell          
		        CHAIRPERSON

INDEX

CASE ID	AR2000047685	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010322	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.00	
2.		
3.		
4.		
5.		
6.