PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:  3 April 2003
	DOCKET NUMBER:  AR2002073583

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. Patrick H. McGann		Member	
	Mr. Roger W. Able		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 that she was separated from the Army Reserve (USAR) effective 17 October 1993.

3.  The applicant states that she was not informed that her request to resign her USAR appointment to accept an appointment in the Public Health Service (PHS) should have been a conditional release.  She was appointed in the PHS effective 18 October 1993 and now she has a break in service.  She submits documents concerning her USAR resignation and appointment in the PHS in support of her request.

4.  The applicant’s military records show that she was appointed a second lieutenant in the USAR effective 29 April 1984.  She was promoted to captain effective 2 December 1991.

5.  On 25 November 1992, the applicant sent a request to the Army Reserve Personnel Center (ARPERCEN).  In her request she stated that she was converting to an appointment in the PHS but could not be appointed until she was discharged from the USAR.  She requested an immediate resignation and discharge from the USAR.  Effective 19 March 1993, she was discharged from the USAR.  Her statutory military obligation was completed on 28 April 1992.

6.  Effective 18 October 1993, she was appointed in the permanent grade of 0-1 in the PHS with concurrent call to active duty.  The applicant provides a copy of a PHS Personnel Manual that outlines the policy for recruitment of currently serving military personnel.  It states that the PHS precludes consideration of appointment unless the person can provide evidence that their separation from the other military service has already been approved.  An application for PHS appointment must be accompanied with a conditional release or orders establishing the effective date of separation from the other branch of service.

7.  Army Regulation 135-175 provides for the separation of Reserve Component officers.  It provides that nonobligated officers may submit a conditional resignation to obtain a conditional release for appointment in the PHS.  If accepted, the officer will receive a statement that the conditional release will become effective on the date of appointment in the other uniformed service.

CONCLUSIONS:

1.  It appears that the applicant believed that she was following instructions to obtain an appointment in the PHS by requesting resignation and discharge from her USAR commissioned officer status.  Her actions resulted in an unexpected break in uniformed service status from 19 March through 17 October 1993.

2.  Notwithstanding that she was discharged from her USAR commissioned officer status in accordance with regulations, it would be in the interest of justice to amend her date of discharge from her USAR commissioned officer status to 17 October 1993.

RECOMMENDATION:

That all of the Department of the Army records related to this case for the individual concerned be corrected by showing that she was discharged from her USAR commissioned officer status on 17 October 1993.

BOARD VOTE:  

__sc___  __pm____  __ra____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler___
		        CHAIRPERSON

INDEX

CASE ID	AR2002073583	
SUFFIX		
RECON		
DATE BOARDED	20030403	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	135.01	
2.	110.01	
3.	102.06	
4.		
5.		
6.