MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           21 April 1999
	DOCKET NUMBER:   AC98-11890
                                               AR1999015246

	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. Loren G. Harrell		Director	
	Mr. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. Calvin M. Fowler		Chairperson	
	Mr. Stanley Kelley		Member	
	Mr. Gary F. Geraets		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 his military records be corrected to show he was transferred to the Individual Ready Reserve (IRR) in February 1996 as a private first class (E-3).

APPLICANT STATES:  That he joined the USAR on 21 January 1995 in the rank of private first class and was transferred to the IRR in February 1996 as a private (E-1) as the result of unit error.  He contends that he is trying to enter active duty and cannot do so until this error is corrected.

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

He enlisted in the Army on 23 March 1983 for 3 years.  He completed his initial training as a military policeman (95B) and was honorably released from active duty and transferred to the USAR Control Group (Annual Training) on 20 June 1984 by reason of a hardship separation.  He completed 1 year, 2 months and 28 days of creditable active service.

On 22 March 1989 the applicant was honorably discharged from the USAR in the rank of private first class (E-3).

On 21 January 1995 the applicant enlisted in the USAR for 2 years in the rank of private first class (E-3).

On 26 February 1996 the applicant was voluntarily transferred to another reserve unit due to a change in his home address.  His rank at that time was indicated as being private (E-1).

On 23 May 1996 the applicant was again voluntarily transferred, in the rank of private (E-1), to another reserve unit.

On 21 July 1996 the applicant was transferred to the IRR, in the rank of specialist (E-4), by reason of being a no show to his reserve unit.

On 21 January 1997 the applicant was honorably discharged from the USAR in the rank of private (E-1).

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 evidence of record clearly shows that the applicant did enlist in the USAR on 21 January 1995 in the rank of private first class (E-3).  However, there is no substantiating evidence to support his contention that he was still an E-3 at the time of his transfer to another reserve unit.  

2.  Interestingly, unit orders show him as a private and as a specialist at various times, but not as a private first class.  Also, the fact that the records shows him at one point as an E-4 raises more questions about his rank than they (the records) clarify.  

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

____X___  ____X___  ____X___  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11890/AR1999015246	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990421	
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.	133.00	
2.		
3.		
4.		
5.		
6.