RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            02 MARCH 2004                  
	DOCKET NUMBER:   AR2003092048

	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. Kenneth H. Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Robert Duecaster		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his mandatory removal date (MRD) be adjusted to 13 June 2007.    

2.  The applicant states that he resigned from the Ohio Army National Guard on 19 June 1977.  It was not made clear to him at that time that he had completed his six-year statutory obligation.  It was clear that his letter of resignation and the information on his officer evaluation report that he would not be remaining in the Army Reserve or the military.  It was his intention to have a complete break in service.  It is obvious, when reviewing his record of his retirement points that he did not participate in any form of military duty during the period for which he is requesting a break in service.  His MRD should be adjusted to reflect his break in service from 19 June 1977 to 5 June 1980, when he entered the Army Reserve.  He is a United States Army Reserve (USAR) colonel serving as a senior engineer officer in support of Operation Iraqi Freedom.  He is below the age of 55, has a Top Secret clearance and a recent physical, attesting to his potential for future service with the USAR.

3.  The applicant provides a copy of a 19 June 1977 letter showing that he resigned from the Ohio National Guard, a copy of the second page of an OER, in which his rating officials indicated that he resigned from the Ohio Army National Guard, and copies of his statements of retirement points.

CONSIDERATION OF EVIDENCE: 

1.  The applicant enlisted in the Army for 4 years on 5 October 1970.  He was discharged 5 months later because the Army could not fulfill the agreement stipulated in his enlistment contract. 

2.  On 2 April 1971 he enlisted in the Ohio Army National Guard for 5 years and  7 months.  He was discharged from the Guard on 14 June 1974 in order to accept an appointment in the Ohio Army National Guard. 

3.  The applicant was appointed a second lieutenant on 15 June 1974.  On       22 October 1974 he completed the oath of office appointing him a second lieutenant as a Reserve commissioned officer.  He was promoted to first lieutenant on 4 June 1977.   

4.  On 19 June 1977 the applicant submitted his resignation from the Ohio Army National Guard to the state Adjutant General, stating that his business obligations precluded his effective performance as a Guard officer.  This letter and the page of the OER that he submits with his request show that he resigned from the Ohio Army National Guard. 

5.  On 24 August 1977 orders were published by the state of Ohio Adjutant General's Department separating the applicant from the Ohio Army National Guard effective 30 June 1977, and transferring him to the Army Reserve Control Group (Reinforcement) at St. Louis.  That order stated in pertinent part, "Upon termination of federal recognition officer becomes a member of USAR …"

6.  On 21 November 1978 the Army Reserve Components Personnel and Administration Center (RCPAC) published orders authorizing the applicant to perform inactive duty training without pay on 5 February 1979 at the Armed Forces Examining Station in Cleveland to undergo a quadrennial medical examination.  That order shows that he was a member of the Army Reserve Control Group (Reinforcement).

7.  A report of medical examination and a report of medical history which the applicant furnished for the examination shows that he underwent a quadrennial medical examination at the Armed Forces Entrance Examination Station in Cleveland on 3 April 1979.  He signed the report of medical history, stating that he was in good health and was taking no medication.

8.  A 20 November 1980 annual statement of his retirement points shows that the applicant earned 16 points for his retirement year 2 April 1979 through 1 April 1980, 1 point for Reserve duty, and 15 membership points.

9.  On 30 May 1980 RCPAC notified the applicant that he had been considered for promotion to the next higher grade [captain], but was not selected, constituting his first passover for promotion to that grade. 

10.  On 2 July 1980 RCPAC published orders reassigning the applicant from the Army Reserve Control Group (Reinforcement) to a Reserve unit in Sandusky, Ohio, effective on 30 May 1980.  That order indicated that the assignment was voluntary on the applicant's part.

11.  On 15 November 1984 he was awarded the Armed Forces Reserve Medal based on his completion of 10 years in a Reserve component as of 1 April 1981. 

12.  The applicant's personnel qualification record, showing his assignments from 1970 to 1996, contains the entry, "Off USAR; 770701-800529;"

13.  The applicant has served in the Army Reserve continuously from 30 May 1980, in an AGR (Active Guard/Reserve) status, as a troop program unit (TPU) member, and as a member of the Army Reserve Control Group (Reinforcement). In 2002 he was promoted to colonel. 

14.  The applicant's chronological statement of retirement points that he submits with his request shows that he was a member of the USAR from 2 April 1977 without a break in service through 1 April 2003.  

15.  The Reserve Officer Personnel Management Act which became effective on 1 October 1996, states in effect that an officer in the grade of colonel will be removed from an active status no later than the first day of the month after the month completing 30 years of commissioned service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant resigned from the Ohio Army National Guard in 1977.  He did not resign his commission as an Army Reserve officer.  To the contrary, the evidence shows that his military service has been continuous from 2 April 1971.     
2.  The applicant was a member of the Army Reserve Control Group (Reinforcement) beginning on 1 July 1977.  He underwent a quadrennial physical examination, earned membership points, and was considered for promotion.  He volunteered to be transferred to a troop program unit.      

3.  The applicant now states that he believes that his resignation from the Ohio Army National Guard in 1977 equates to a complete severance of his military service.  It would, however, have been difficult for the Army to have transferred the applicant, based on his own request, to a troop program unit in 1980 had he not been a Soldier.       

4.  The applicant has submitted neither probative evidence nor a convincing argument in support of his request.  His request to adjust his MRD is not granted.   
BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__FNE __  __AAO __  __RD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.

		____Fred N. Eichorn _____
		        CHAIRPERSON

INDEX

CASE ID	AR2003092048	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040302	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	113.00	
2.		
3.		
4.		
5.		
6.