MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  22 August 2000
	DOCKET NUMBER:  AR1999031628

	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	
	Ms. Stephanie Thompkins		Analyst	

  The following members, a quorum, were present:

	Mr. Edward Williamson		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. Kenneth W. Lapin		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:  Reinstatement of his commission.

APPLICANT STATES:  In 1967, he requested a temporary transfer so he could be with his family and was told he was indispensable and his transfer was denied.  Shortly after his discharge, he submitted an application for reinstatement of his commission and never received a reply after several attempts.  He just gave up his reinstatement, got busy and involved with a job and then purchased a business.  He would have stayed in the service, had he received some sort of relief. 

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

He was appointed in the Reserve from ROTC as a second lieutenant effective 12 June 1954.  He was ordered to active duty effective 11 August 1954.

He was promoted to first lieutenant effective 11 June 1957 and captain effective 16 June 1961.

On 22 June 1962, he requested appointment in the Regular Army.  On 18 October 1962, he was advised that he was not selected.

He was promoted to major, temporary, Army of the United States, effective 30 June 1965.

On 14 March 1966, he was advised that he was not selected for commission in the Regular Army.

On 1 June 1967, he requested an unqualified resignation.  He states military life was too hard for him and his family and he wanted to live as a normal American Family, and that he wanted out to take his place in an American community.  It was approved on 19 July 1967.  He was honorably discharged effective 1 September 1967 in the rank of major.

On 6 February 1970, he requested a mobilization designation assignment.  On 4 September 1970, his request was approved for an appointment as major, Reserve, without concurrent active duty.

His records do not show he accepted this assignment.

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 view of the circumstances in this case, the applicant is not entitled to reinstatement of his commission in the Reserve in the grade of major.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  His contentions have been noted by the Board; however, they are not sufficiently supported by his records or his application.   

3.  The applicant requested voluntary resignation at the time based on personal reasons.  He was properly discharged and he has not shown otherwise.

4.  The applicant’s request for a mobilization designation assignment was approved on 4 September 1970.  However, there is no evidence that the assignment/appointment was acted on by the applicant. 

5.  It is further noted that the applicant has not provided support to his contention that he was never advised of the 4 September 1970 approval for assignment.

6.  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.

7.  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

__ew___  ___mt___  __kl____  DENY APPLICATION

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

INDEX

CASE ID	AR1999031628	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000822	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.		
2.		
3.		
4.		
5.		
6.