PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           29 March 2001                   
	DOCKET NUMBER:   AR2001051475

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Mr. Lester Echols		Member	
	Mr. Christopher J. Prosser		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 her records be corrected to show her component as Regular Army.

3.  The applicant states that her initial orders and her oath of office show that she was appointed in the Regular Army.  Somehow this was changed to reflect an additional five years in the Reserve.  

4.  The applicant’s military records show that after having had prior service in an enlisted status she entered the Reserve Officer Training Corps (ROTC).  On     14 September 1994, she requested appointment as a commissioned officer in
the Regular Army.  Orders dated 5 June 1995 tendered her an appointment in the Regular Army and ordered her to active duty on the date she should execute the oath of office.  On 11 June 1995, she took the oath of office as a commissioned officer in the Regular Army.

5.  The applicant’s Officer Record Brief (ORB) dated 16 October 1995 erroneously shows her component as U. S. Army Reserve (USAR).  No later 
ORBs are available.

6.  On 25 August 1997, the applicant requested resignation.  Her request was approved.  Orders 027-0213, Headquarters, III Corps and Fort Hood dated       27 January 1998 released her from active duty and assigned her to the USAR Control Group (Reinforcement) with a terminal date of Reserve obligation of      10 June 2003.  The orders erroneously show her component as USAR.  Her Certificate of Release or Discharge from Active Duty, DD Form 214, erroneously shows her component as USAR and erroneously shows she has no terminal date of Reserve obligation.

7.  Army Regulation 135-91 defines Army National Guard and USAR service obligations.  In pertinent part, it states that ROTC graduates with prior active service who are commissioned on or after 1 June 1984 must agree to participate actively in the military service for 8 years of contracted service.  Such service will be performed either on active duty, active duty for training, in a Reserve component, or in a combination thereof.  Service before acceptance of appointment is not creditable towards the contractual obligation.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was tendered an appointment in the Regular Army in June 1995 and took the oath of office as a Regular Army commissioned officer on 11 June 1995.  The Board concludes that her separation orders and her DD Form 214 erroneously show her component as USAR.  The Board also notes that although her separation orders correctly show she has a terminal date of Reserve obligation of 10 June 2003, her DD Form 214, item 6 erroneously shows that she has no terminal date Reserve obligation. This date is derived from her 8-year contractual obligation upon accepting appointment as a commissioned officer.

2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That Orders 027-0213, Headquarters, III Corps and Fort Hood dated            27 January 1998 be amended to show the applicant’s component was Regular Army.

2.  That the applicant’s DD Form 214, item 2 be amended to show her component was Regular Army and item 6 be amended to show her terminal date of Reserve obligation as 10 June 2003.

BOARD VOTE:  

__jns___  __le____  __cjp___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			John N. Slone
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001051475	
SUFFIX		
RECON		
DATE BOARDED	20010329	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.