MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           15 November 2001
	DOCKET NUMBER:   AR2001061440

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Mr. Stanley Kelley		Member	
	Ms. Karen A. Heinz		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:  In effect, that his separation document (DD Form 214) be corrected to show he was transferred to the United States Army Reserve (USAR) Control Group in the Individual Ready Reserve (IRR) rather than discharged.

APPLICANT STATES:  In effect, that block 6 (Reserve Obligation) of his 
DD Form 214, dated 7 September 1993, shows no further MSO upon his release from active duty (REFRAD) from that enlistment.  However, he initially incurred an 8 year military service obligation (MSO) when he initially entered active duty on 2 October 1989 and he also served in the Army National Guard (ARNG) subsequent to his separation from active duty.  He provides an enlistment contract he entered into on 21 November 1997 to serve in the ARNG for 1 year and a Report of Separation (NGB Form 22), dated 20 November 1998, that he was issued at the completion of this ARNG period of service that confirms that he still had a MSO through 14 December 2001.  He also claims that he attempted to correct this error without success during his out-processing from the active Army and since then through this Board. 

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

He served on active duty for 3 years, 11 months, and 6 days from 2 October 1989 until 7 September 1993, at which time he was honorably discharged in the rank and pay grade of specialist/E-4.  

The facts and circumstances surrounding the applicant’s discharge processing are not on file.  However, the record contains a properly constituted DD Form 214 that was authenticated by the applicant with his signature on the date of his separation.  This document confirms that he was voluntarily discharged under the provisions of paragraph 16-5b (non-retention on active duty) based on what he perceived was his inability to overcome a locally imposed bar to reenlistment.  

The separation document also verifies that he was assigned a Separation Program Designator Code (SPD) of KGF, denoting discharge as opposed to transfer to the IRR and a reentry (RE) code of RE-3, which confirms he was ineligible for reenlistment without a waiver.  Under the regulatory policy in effect at the time, had the applicant’s separation called for him to be transferred to the IRR to complete his MSO, as opposed to being discharged, the proper SPD code assignment would have been MGH.  

The applicant provides a copy of an enlistment contract he entered into on 
21 November 1997 and a NGB Form 22 that was issued to him upon his completion of this contracted period of service in the ARNG on 20 November 1998.  Block 9 (Command to which transferred) of his NGB Form 22 shows that he was transferred to the IRR upon his discharge from the ARNG.  Block 11 (Terminal date of Reserve/MSO) contains the entry 14 December 2001 as his MSO completion date. 

Army Regulation 635-200 sets forth the basic authority for the separation of enlisted personnel.  Paragraph 16-5b, in effect at the time, provided guidance on separating members by reason of non-retention on active duty.  It provided for soldiers denied or ineligible for continued service to be separated prior to the expiration of their term of service upon their request if they perceived they would be unable to overcome a locally imposed bar to reenlistment.  This provision of the regulation required the separation authority to determine if the member should be discharged or transferred to the IRR to complete their MSO based on their potential for further useful service during mobilization. 

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 Board notes the applicant’s contention that his separation document incorrectly discharged him instead of transferring him to the IRR to complete his MSO.  However, it finds insufficient evidence to support this claim.

2.  The evidence of record shows that the applicant incurred an 8 year MSO upon his initial enlistment in the active Army on 2 October 1989, which would have established his MSO completion date as 1 October 1997.  In addition, he provided an ARNG enlistment contract, entered into subsequent to his early release from active duty, and the NGB Form 22 he received upon his completion of this period of ARNG service.  However, the Board finds none of the factors raised by the applicant or the information contained in the documents he provides mandated that he be transferred to the IRR upon his early separation from active duty. 

3.  By regulation, the separation authority was required to decide if the applicant should be transferred to the IRR or discharged when he approved the applicant’s early separation from active duty.  Although the specific facts and circumstances concerning the applicant’s separation processing are not on file, the record does contain a properly constituted DD Form 214, which was authenticated by the applicant with his signature on the date of his separation.  

4.  The separation document shows that the applicant was discharged and not transferred to the IRR upon his early separation from active duty.  Therefore, the Board presumes administrative regularity in the discharge process.  Further, lacking evidence to the contrary, the Board also concludes that the separation authority properly directed the applicant’s discharge rather than his transfer to the IRR, as was his prerogative by regulation.

5.  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.  

6.  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

__INW___  ___SK__  __KAH___  DENY APPLICATION

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

INDEX

CASE ID	AR2001061440	
SUFFIX		
RECON		
DATE BOARDED	2001/11/15	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1993/09/07	
DISCHARGE AUTHORITY	AR 635-200 C16	
DISCHARGE REASON	Non-Retention on active duty-local bar	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  189	110.0000	
2.		
3.		
4.		
5.		
6.