MEMORANDUM OF CONSIDERATION

		IN THE CASE OF:  

		BOARD DATE:           28 October 2003    
		DOCKET NUMBER:  AR2003087938

	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	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Ms. Linda D. Simmons		Member	
	Ms. Marla J. Troup		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 her discharge be voided, that her records be corrected to show she remained in the Individual Ready Reserve (IRR), and that she be allowed to serve in an active status in the Ohio Army National Guard (ARNG).

APPLICANT STATES:  That she requested to remain in the IRR when she resigned her commission in February 1996.  She resigned to further her education in preparation for overseas ministry as a registered nurse with the Christian and Missionary Alliance in Gabon, a 4-year obligation.  In May 1997 to November 1998, she attended French language study in France.  She then served in the jungles of Gabon.  She knew she would be unable to continue her active military drilling while studying and serving overseas, so she requested assignment to the IRR should her country ever need her in the future.  She had no plans to totally separate from the military.  There is no question that she would have been promoted to first lieutenant had she remained.  She never requested her April 1999 discharge.  As supporting evidence, she provides copies of her ARNG records.

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

After having had prior service in the U. S. Navy, she was commissioned a second lieutenant, in the Army Nurse Corps, in the Ohio ARNG on 23 June 1994. 

The applicant moved to Minnesota and apparently resigned her commission to go into the IRR.  National Guard Bureau Form 22 (Report of Separation and Record of Service) and orders show she was discharged from the Ohio ARNG effective 15 February 1996 and transferred to the IRR.  

The applicant went before a mandatory promotion board and was promoted to first lieutenant in October 1996.

By letter dated 30 January 1998 addressed to all members of the IRR from the  U. S. Army Reserve Personnel Command (AR-PERSCOM), the applicant was informed that the U. S. Army Reserve was realigning the IRR.  An analysis of the current IRR strength showed a sufficient number of officers in the applicant's grade and skill who were qualified mobilization assets and met their force requirements.  According to their records, the applicant was not a qualified mobilization asset and she was being considered for separation.  To preclude that action, she would have to regain and maintain her qualification as a mobilization asset to include completing a new physical examination and earning a minimum of 50 participation points per year.  She was required to elect an option within 45 days of the date of the letter.

Records at AR-PERSCOM revealed that the 30 January 1998 letter was re-sent to the applicant on 25 March 1998.  AR-PERSCOM records further revealed that on 11 May 1998, the applicant either requested resignation/discharge or a decision was made to discharge her.  

On 16 April 1999, the applicant was honorably discharged from the U. S. Army Reserve.

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.  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.

2.  The evidence of record shows the applicant was transferred to the IRR upon her separation from the ARNG in February 1996 and was promoted to first lieutenant while in the IRR.

3.  The evidence of record shows the IRR was realigned around January 1998 and at that time the applicant was determined not to be a mobilization asset.  That determination tends to agree with the applicant's statement that she was studying in France at the time and would soon be sent to Gabon for several years.  AR-PERSCOM notified her by letter dated 30 January 1998 that she would be separated from the IRR unless she became a mobilization asset.  It appears the letter was sent to her a second time in March 1998.

4.  It is not clear from the available records if the applicant elected resignation/discharge in May 1998 or if the decision to discharge her was made by AR-PERSCOM at that time based upon her failure to respond to the letter.  Nevertheless, the decision to approve her discharge was appropriate concerning her circumstances.  

5.  The decision to allow the applicant to serve in an active status in the Ohio Army National Guard is dependent on vacancies in the applicant's grade and skills in the Ohio Army National Guard and is not a decision that will be made by the Board.

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

__rjw___  __lds___  __mjt___  DENY APPLICATION

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

INDEX

CASE ID	AR2003087938	
SUFFIX		
RECON		
DATE BOARDED	20031028	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	135.05	
2.		
3.		
4.		
5.		
6.