RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           15 January 2004                   
	DOCKET NUMBER:   AR2003087856

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson		Chairperson	
	Mr. Allen L. Raub		Member	
	Mr. William D. Powers		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, in effect, that her records be corrected to show that she was discharged from the United States Army Reserve (USAR) as a captain on 2 June 1995, not 3 June 1995.

2.  The applicant states, in effect, that she joined the United States Air Force Reserve (USAFR) on 3 June 1995.  Her USAR separation date and her date of appointment as a captain in the USAFR overlap and cause confusion.

3.  The applicant provides in support of her request:  a copy of General Order Number 95-309-015; her USAR Personnel Qualification Record; a copy of her Honorable Discharge Certificate which contains a typographical error in the date "T [RD [day of] JUNE 1995;" an AF Form 133, Oath of Office (Military Personnel), dated "3rd June 1995:" and a USAFR Appointment Order Number PA-821, dated 14 June 1995, which also shows an appointment date of 3 June 1995.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error or injustice which occurred in June 1995.  The application submitted in this case is dated 25 March 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant was appointed as a Reserve commissioned officer in the USAR on 24 January 1983.  She served honorably in the USAR until she was discharged for the purpose of transferring into the USAFR.  She attained the rank of captain (CPT/O3).  Her separation orders are dated 28 December 1995 and show that the effective date of her USAR discharge was 3 June 1995.

4.  The applicant's Oath of Office document shows that, on 3 June 1995, she was appointed as a captain, Nurse Corps, USAFR.  Appointment Order Number PA-821 also supports the applicant's date of appointment and assignment to the USAFR was 3 June 1995.  

5.  On 20 May 2003, the Chief, 63rd Regional Support Team, Army Reserve Personnel Command, St. Louis, Missouri, informed the applicant that her separation date could not be changed and referred her to the Army Board for Correction of Military Records.

6.  Army Regulation 135-175 (Army National Guard and Army Reserve - Separation of Officers), in pertinent part, prescribes the policies, criteria, and procedures governing the separation of Reserve officers of the Army.  Chapter 
1-7(c) provides that when an officer is discharged for the purpose of entry into a different military or civilian status with Uniformed Services, the effective date of separation will be the day prior to the date of entry into a new status.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence available supports the applicant was separated from the USAR and appointed a Reserve officer in the USAFR on 3 June 1995.  Thus, she entered a new status on this date.  

2.  The circumstances support that it would be appropriate to correct the applicant's USAR separation order (General Orders Number 95-309-015) and her Honorable Discharge Certificate to show that she was separated from the USAR on 2 June 1995 in accordance with Army Regulation 135-175.

BOARD VOTE:

__mkp___  __alr___  __wdp___  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing General Orders Number 95-309-015 and the applicant's Honorable Discharge Certificate issued during the same time period be corrected to show she was honorably discharged from the USAR on 2 June 1995.

			Margaret K. Patterson
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2003087856	
SUFFIX		
RECON		
DATE BOARDED	20040115	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19950602	
DISCHARGE AUTHORITY	AR135-175	
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	100.0200	
2.		
3.		
4.		
5.		
6.