MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  4 May 2000
	DOCKET NUMBER:   AR1999030077

	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. Vic Whitney		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful		Chairperson	
	Ms. Carol J. Suiter		Member	
	Mr. James P. Stueve		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 her discharge from the USAR be revoked and she be reinstated in the USAR.

APPLICANT STATES:  That she was planning to keep her career and attend necessary training but was not notified that she was being discharged.

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

She served on active duty from 19 April 1979 to 19 October 1981 and was transferred to the USAR due to pregnancy to serve the remainder of her 8 year statutory obligation.  She was discharged from the USAR on 24 October 1984 based on reenlistment in the USAR.  There is no documentation in the available record to show the period of this reenlistment.

The applicant was discharged from the USAR effective 2 November 1987 based on her 2 year enlistment in the ARNG.  On 21 July 1989 she extended her ARNG enlistment by 5 years, 8 months, and 20 days.  Her expiration of term of service (ETS) was established as 21 July 1995.  She was called to active duty with her unit in support of Operation Desert Storm from 27 September 1990 to 11 May 1991.

The applicant requested transfer to the USAR IRR (Individual Ready Reserve) on 15 March 1992 because of civilian employment conflicts.  Her request for reassignment shows her ETS date as 21 July 1995.  Her command recommended approval and effective 20 April 1992 she was discharged from the ARNG and transferred to the USAR.  She was discharged from the USAR IRR effective 16 January 1996 by reason of ETS.  There is no documentation in the available record to indicate that she requested reenlistment prior to her most recent ETS date.  Her home address on the 1996 discharge order is the same address as on her 1999 application to this Board.

Information provided by the reenlistment office at the Army Reserve Personnel Command show that her first contact with them was in June 1999, 3 1/2 years after her discharge.  There is no indication in her available record that she would be denied reenlistment if she applied.

AR 140-111 provides the policy for enlistment/reenlistment in the USAR.  It provides that immediate reenlistment, no later than the first day of the soldier’s ETS month, must be accomplished to preclude discharge.  There is no regularity requirement to counsel soldiers of the IRR on reenlistment prior to discharge.

AR 135-178 provides the policy for separation of Reserve Component soldiers.  It provides that no enlisted member may be held in service beyond their normal ETS except as provided by law.

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.  The applicant knew, or should have known that she must reenlist prior to reaching her date of ETS to preclude discharge.  She demonstrated this understanding when she reenlisted in the USAR in October 1984.  There is no regulatory requirement for notification prior to an ETS discharge.

2.  The applicant's separation was accomplished in compliance with applicable regulations with no indication of procedural errors that would tend to jeopardize her rights.  The type of discharge directed and the reasons therefor were appropriate considering all the facts of the case.  There is nothing that would preclude her from requesting reenlistment at this time.

3.  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 the aforementioned requirement.

4.  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

__LS___  __CS___  __JS__  DENY APPLICATION

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

INDEX

CASE ID	AR1999030077	
SUFFIX		
RECON		
DATE BOARDED	20000504	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19960116	
DISCHARGE AUTHORITY	AR 135-178	
DISCHARGE REASON	A03.00	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	110.03	
2.		
3.		
4.		
5.		
6.