APPLICANT REQUESTS:  That her DD Form 214, Certificate of Release or Discharge, be corrected to reflect that upon release from active duty she was reassigned to a USAR Control Group instead of being discharged.

APPLICANT STATES:  That she initially enlisted in the USAR for 6 years in July 1976.  In January 1977 she entered on active duty and was discharged on 18 December 1979.  She contends that instead of being discharged, she should have been transferred to a USAR Control Group until such time as her original contract expired so that she would not have a break in service for retirement points purposes.

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

She enlisted in the USAR for 6 years on 29 January 1976.  After spending 5 months and 5 days in the delayed enlistment program she entered the Regular Army for 3 years on 4 January 1977.  She was honorably discharged on 18 December 1979 after 2 years, 11 months and 15 days of service.

The record shows that prior to her entry into the Regular Army she executed a change of status enlistment agreement in which she requested discharged from her USAR enlistment contract.  Thereafter, she was discharged from the USAR effective 3 January 1977 and the following day she enlisted into the Regular Army for a period of 3 years.

At the completion of her 3 year enlistment on 18 December 1979, she was discharged from the Army because she had fulfilled her contractual obligation.

Army Regulation 135-91, Service Obligations, Methods of Fulfillment, Participation Requirements and Enforcement Procedures, in effect at the time of her enlistment, provided that all personnel incurred a 6-year statutory service obligation upon initial entry into the armed forces except females, regardless of age who became members of an armed force prior to 1 February 1978.

Army Regulation 635-200, Enlisted Personnel, provides that personnel who have not completed their statutory service obligation will be transferred to a USAR Control Group.  Regular Army soldiers who have less than 3 months to serve on their statutory or contractual obligation, whichever expires later, will be discharged.

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.  When the applicant requested discharge from her 6 year USAR enlistment contract and entered the Regular Army for 3 years the only obligation between her and the Army was to complete the three year enlistment.  Since she had no statutory service obligation and since she had completed her contractual commitment, discharge from the Army rather than transfer to a USAR Control Group was appropriate.

2.  Regulatory procedures in effect at the time and documents in her record clearly establish that she was properly discharged at the conclusion of her 3-year term of service on 18 December 1979.

3.  In view of the foregoing, there appears to be 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

                       DENY APPLICATION




						Karl F. Schneider
						Acting Director