MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  17 August 2000
	DOCKET NUMBER:  AR1999033542

	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:

	Ms. Sherri V. Ward		Chairperson	
	Ms. Linda D. Simmons		Member	
	Mr. Melvin H. Meyer		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:  His rank of major be restored with a date of rank effective 13 September 1994.

APPLICANT STATES:  His deferment to join the Kentucky Army National Guard (KYARNG) was treated as a “Resignation”, as a result of applications to join the active army as an enlisted 91C (Practical Nurse).  He has never received any document that his commission has been removed or relinquished.  He submits a copy of promotion memorandum for major dated 10 August 1994 and a chronology of events in support of his application.

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

He was appointed in the Reserve as a second lieutenant effective 11 June 1982, with prior enlisted service.

He attained the grade of captain effective 1 April 1986.  

He entered on active duty effective 26 March 1986 and was released from active duty effective 26 January 1990 based on the expiration of his term of service (ETS) and transferred to the USAR Control Group.

On 22 February 1992 he requested clearance from the Army Reserve for enlistment in the KYARNG.  A letter of resignation was required for this purpose. He submitted a statement for this purpose dated 12 December 1991.  On 
27 February 1992 his commander forwarded the request for clearance and resignation statement to The Adjutant General.

He was enlisted in the KYARNG in military occupational specialty 91C, Practical Nurse, for 6 years effective 11 December 1991 as a sergeant (E-5), and entered active duty effective 26 March 1992.  At the time the applicant’s commission was vacated based on his enlistment.

He was honorably separated effective 17 June 1993 based on his ETS and returned to his KYARNG unit.

He was erroneously considered and selected for promotion to major by the 1994 Reserve Components Selection Board (RCSB).  He was given an effective date of 1 April 1994 and date of rank of 13 September 1994.

His name was deleted from the results of the 1994 RCSB.

He was discharged from the KYARNG in the grade of E-5 based on his ETS effective 10 December 1997.  He was credited with 6 years total service.

He was appointed in the Reserve, Medical Services Corps as a first lieutenant effective 29 October 1998, with 3 years and 9 months constructive service credit.

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 promotion to major with a date of rank of 13 September 1994 with reinstatement to that status.  He has not shown error, injustice, or inequity for the relief he now requests.

2.  The Board notes the applicant’s contentions; however, his promotion consideration by the 1994 RCSB was in error, as he had voluntarily resigned/vacated his commission in 1992, when he enlisted in the ARNG.  He voluntarily resigned in order to qualify for enlistment in the ARNG.  Resignation was a requirement for the enlistment.  He was no longer a commissioned officer when considered by the RCSB in 1994, and his name was deleted from the results of the 1994 board.

3.  The applicant also should not now be allowed to retroactively void his previous ARNG enlisted service from 1991 to 1997, including active duty, and his 1998 appointment and service as a Medical Service Corps officer, including the constructive service credit award, by reinstatement to a previously voluntarily terminated status.

4.  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.

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

___sw___  __ls____  __mm____  DENY APPLICATION

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

INDEX

CASE ID	AR1999033542	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000817	
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.	131.00	
2.		
3.		
4.		
5.		
6.