MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           9 July 2002                   
	DOCKET NUMBER:  AR2001060805

	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. Joann H. Langston 		Chairperson	
	Mr. Thomas B. Redfern, III		Member	
	Mr. Roger W. Able		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: Correction of his mandatory removal date (MRD) to November 2008.

APPLICANT STATES: That, when he requested to get out of the Army Reserve in April or May of 1980, he had already fulfilled his service obligation.  He was placed in the IRR until 1983, taking away 3 years from his career.  He has been in the Active Guard/Reserve (AGR) Program since November 1994 and has just been informed that those years in the Individual Ready Reserve were in error since he had no service obligation remaining when he got out of the Army Reserve. 

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

During the period 3 September 1968 to 27 May 1971, the applicant served in the Army Reserve Control Group (ROTC).

On 28 May 1971, he was commissioned as a second lieutenant in the Regular Army, in military occupational specialty 1180 (Air Defense Missile Unit Commander).  He was promoted to first lieutenant effective 28 August 1972.

In response to his request for an unqualified resignation under Army Regulation 635-120, chapter 3, he was honorably separated on 30 April 1975.  His separation document indicates he had 3 years, 11 months and 3 days of active Federal service.  

During the period 1 May 1975 to 31 March 1980 (4 years, 11 months and 1 day), he served in an Army Reserve Troop Program Unit.  His Officer Evaluation Report indicates that he was transferred to RCPAC (Reserve Components Personnel Control Command).

During the period 1 April 1980 to 16 February 1983 (2 years, 10 months and       16 days), he was in the Army Reserve Control Group (Reinforcement).

During the period 17 February 1983 to 15 August 1989 (6 years, 6 months and 28 days), he had no military affiliation.

On 16 August 1989, he was commissioned as a captain in the Louisiana Army National Guard (LAARNG) and has served as a unit member and state controlled active duty to the present.

Army Regulation 140-10, Army Reserve Assignments, Attachments, Details and Transfers, covers policy and procedures for transferring Reserve Soldiers.  The regulation does not prohibit transfer to the IRR based on obligated service.

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 is not entitled to correction of his records to show he was not in the IRR but in an inactive status from 1980 to 1983, and therefore not entitled to adjustment of his MRD on that basis.  He has not shown error or injustice for the relief he is now requesting.

2.  His contentions have been noted; however, they are not supported by his application or the evidence of record.  He has not shown his transfer to the IRR from 1980 to 1983 was in error or unjust.  Now over 21 years hence, there is nothing in the available records to support the applicant’s allegations, and there is no reason or justification to change that period of service.  The Board also notes that his contentions may be based on retrospective thinking on his part.

3.  In addition, the applicant’s pay has been positively affected by the period of service in the IRR, which he has otherwise accepted until now.

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:

________  ________  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

_JHL____  _TBR____  _RWA__ DENY APPLICATION

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

INDEX

CASE ID	AR2001060805	
SUFFIX		
RECON		
DATE BOARDED	20020709	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	129.01	
2.		
3.		
4.		
5.		
6.