MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:              22 June 2000               
	DOCKET NUMBER:     AR1999029942

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Roger W. Able		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:  That he be allowed to execute an antedated reenlistment and that his discharge be revoked.

APPLICANT STATES:  He was honorably released from active duty with Voluntary Separation Incentive (VSI) (an annuity) which requires continued membership in the Ready Reserve.  He later joined a Reserve unit and, upon completion of his reenlistment, he was discharged.  He believed that he would be transferred to the USAR Control Group (which is part of the Ready Reserve) and not discharged.  As a result, his VSI payments stopped.  He attempted to rectify the situation by executing an antedated reenlistment, but his request was denied.  In addition, his former USAR unit told him his records had been sent to the Army Reserve Personnel Command (AR-PERSCOM) and they would be unable to revoke his discharge even if he did execute an antedated reenlistment.  He has passed all of the tests and medical requirements to reenlist but has been unable to obtain the authority to have his reenlistment antedated.

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

He enlisted in the Regular Army on 29 October 1985 with 4 years of prior active service.  He served as a strategic microwave systems repairman in pay grade 
E-5.  He was honorably released from active duty on 17 September 1992 under the Enlisted Voluntary Early Transition Program, with annual VSI payments, and enlisted in the USAR for 3 years the day after his separation.

The applicant’s Official Military Personnel File fiche does not contain any of his USAR records, and the applicant did not furnish the Board a copy of his discharge from the USAR.  

On 16 November 1998 the AR-PERSCOM denied a request from the applicant’s former USAR Division Headquarters to authorize him to execute an antedated reenlistment.  The AR-PERSCOM stated that the applicant was issued a discharge by proper authority based on the fact that the applicant chose not to reenlist.  The AR-PERSCOM stated that the applicant was discharged effective 6 November 1995.

Army Regulation 135-178, Separation of Enlisted Personnel, paragraph 11-1, states that on the expiration of term of enlistment or period of statutorily obligated service, the enlisted soldier will be discharged.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1.  The applicant was required to be discharged at the expiration of his term of service (ETS) unless he executed a contract extending his last enlistment, or he reenlisted.

2.  The applicant’s statement that he was unaware that he would be discharged at his ETS is not accepted by the Board.  An NCO with close to 11 years of active service knows he must reenlist to remain in the military.

3.  In addition, by his own admission, the applicant was well aware of the requirement to remain in the Ready Reserve to maintain his VSI payments.  

4.  The Board will not change a properly executed discharge based solely on the failure of a soldier to take the initiative to reenlist.

5.  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

__lls ____  __aao___  ___rwa__  DENY APPLICATION

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

INDEX

CASE ID	AR1999029942	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
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.	128.05	
2.		
3.		
4.		
5.		
6.