MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC

	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. Ed Clark		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Mr. Raymond J. Wagner		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 re-enrolled in the Judge Advocate General's Officer Advanced Course (JAOAC - correspondence); that he be provided a reasonable time to complete the remaining subcourses; and that, upon successful completion, that he be considered for promotion to the grade of major; and that if selected for promotion, that he be permitted to serve in the active Reserve "as if the injustice described had not occurred."

APPLICANT STATES:  That he was wrongfully terminated from the aforementioned course; that he had only nine course hours left to complete the course; that satisfactory completion is a prerequisite for promotion to major; and that following termination, he was forced from the rolls of the active Reserve.

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

The applicant, an attorney and a member of the Army Reserve, was serving as a judge advocate with a unit of the Ready Reserve in South Carolina during the period of time in question.

In an advisory opinion, the Commandant, The Judge Advocate General's School, 
Advised (COPY ATTACHED):

a.  The applicant's enrollment in the JAOAC was terminated on 
18 October 1993 for academic failure as he completed no correspondence subcourse credit hours during the enrollment year.

b.  That at his request the applicant was re-enrolled on 22 November 
1993 and notified of the requirement to complete 60 credit hours per enrollment year.

c.  That on 15 December 1994 his enrollment was terminated for a second time as he completed only 36 credit hours in the enrollment year.

d.  That on 17 February 1995 he was again re-enrolled; and that, contrary to his contention, the applicant needed to complete 12 subcourses consisting of 62 credit hours.

e.  That on 29 February 1996 his enrollment was terminated a third time for academic failure as he completed only 35 credit hours; and that, at the time of his disenrollment, the applicant still had in his possession three subcourses for a total of 23 credit hours and had not been sent two other subcourses for a total of 4 credit hours.

The commandant further advised that although not required, the applicant was given two additional chances to complete the course after November 1993 and in each case he completed only 36 and 35 credit hours, respectively, of the required 60 credit hours.  Denial of the application was recommended.

On 7 January 1999 he was provided a copy of the advisory opinion and advised that he could submit a rebuttal within 30 days.  He did not respond.

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

1.  The applicant was properly terminated from the JAOAC on 18 October 
1993, 15 December 1994, and 29 February 1996.  His request to be again 
re-enrolled in the same course and that he be provided a reasonable time to complete a course that he has failed to complete after being given three opportunities to do so over a period of 3 enrollment years is neither reasonable nor logical and renders his additional requests moot.

2.  The foregoing is supported by the advisory opinion provided by the Commandant, The Judge Advocate General's School.

3.  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

FNE____  EB______  RJW____  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-10522/AR1999019589	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	111.01	
2.	131.00	
3.		
4.		
5.		
6.