MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            15 March 2001         
	DOCKET NUMBER:   AR2001051574

	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:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Richard T. Dunbar		Member	
	Mr. Thomas E. O’Shaughnessy, 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: That his records be corrected to show that his service in the Army Reserve was continued although he requested and received an unqualified resignation. 

APPLICANT STATES: That he requested an appointment in the Reserve Component upon release from active duty.  He indicates he did not want to be totally separated from the Army.  

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

On 4 September 1987, he entered active duty as an Army Reserve commissioned officer.  He completed his required training and was awarded military occupational specialty 13A (Field Artillery Officer, General).  He was promoted to pay grade 0-3 effective 1 March 1992.

On 1 September 1997, the applicant submitted a request for an unqualified resignation under Army Regulation (AR) 600-8-24 (Officer Transfers and Discharges) because the Army was no longer conducive to his family life and the Army was not a positive environment to foster a strong family.  He requested an effective date of 1 March 1998.  He indicated he desired appointment in the U.S. Army Reserve.  Further, he indicated he would accept release from active duty in lieu of resignation.

On 26 September 1997, the Commander, Total Army Personnel Command (PERSCOM) approved his request for unqualified resignation via routine message.  The approval indicates “OATH OF OFC FOR RES APT WB EXEC AT THE TIME OF DISCH AND FWD TO CDRPERSCOM, ATTN: TAPC-OPD-R, ST. LOUIS, MO 63132-5200”. 

On 1 March 1999, he was honorably discharged, as a commissioned officer in the Army Reserve, under AR 600-8-24, based on his unqualified resignation.  His separation document indicates he had 10 years, 5 months and 28 days of creditable service. 

AR 600-8-24 indicates, in pertinent part, that only Regular Army officers may indicate their desire for an Army Reserve appointment.

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 incorrectly indicated in his request that he desired an appointment in the Army Reserve.

2.  The Commander, PERSCOM compounded the applicant’s error by directing an oath of office for a Reserve appointment be executed upon discharge.  The applicant was not a Regular Army officer and he was not entitled to an appointment in the Reserve upon discharge from the Reserve Component.

3.  The applicant’s request for unqualified resignation was approved, not a release from active duty in lieu of resignation.

4.  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.

5.  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:

_emw____  _rtd____  _teo____  GRANT

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

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

INDEX

CASE ID	AR2001051574	
SUFFIX		
RECON		
DATE BOARDED	20010315	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	110.00	
2.		
3.		
4.		
5.		
6.