APPLICANT REQUESTS:  In effect, reinstatement of his active Army commission and recall to active duty.

APPLICANT STATES:  That he initially submitted his request for unqualified resignation when his wife told him she wanted a divorce because she did not like being associated with military life.  After attempting to salvage his marriage without success, he determined that he had made a mistake by submitting his resignation and attempted to withdraw his request.  His request for withdrawal was disapproved.  He goes on to state that he has attempted to obtain employment in the law enforcement field but has been unable to do so because of his poor eyesight and believes that it would be in the best interest of the government to reinstate his commission and recall him to active duty in his former specialty of a military police officer rather than to unnecessarily expend further funds to train a new officer. 

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

The applicant was commissioned as a USAR second lieutenant from the ROTC on 20 May 1988.  He was ordered to active duty on 28 July 1989 and accepted a Regular Army commission on 15 November 1989.  He was promoted to the rank of first lieutenant on 24 May 1991.

On 30 June 1992, while serving as a military police officer at Fort Leonard Wood, Missouri, the applicant was honorably discharged from the service under the provisions of Army Regulation 635-120 based on his unqualified resignation.  He had served 3 years, 3 months, and 27 days of total active service.

Although his request for unqualified resignation is not present in the available records, there is evidence to show that the applicant submitted his request for unqualified resignation under the fiscal year 1992 Voluntary Early Release Program (VERP).  He subsequently requested withdrawal of his request which was disapproved by the Department.  The Department determined that the applicant’s request for withdrawal did not warrant approval, in that, requests for withdrawal of an approved resignation under the VERP would only be granted in cases of extreme compassionate reasons or definitely established conveniences of the government.

There is no evidence in the available records to show that the applicant applied to the Army Reserve Personnel Center requesting a USAR commission subsequent to his discharge.

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 order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

2.  Unfortunately, applicant’s requests for unqualified resignation and withdrawal, are not available for the Board’s review.  However, at the time the applicant submitted his resignation under the VERP, he was required to agree to the condition that once approved, his request could not be withdrawn unless extreme compassionate reasons existed that would justify withdrawal.  In the absence of evidence to the contrary, it must be presumed that the Department properly considered the applicant’s request for withdrawal and determined that his circumstances did not warrant approval.  Accordingly, there is no basis to approve his request.

3.  The Board also notes that the applicant did not request a USAR commission at the time of his discharge whereby he could have continued his affiliation with the Army in a Reserve status and could have applied for recall to active duty as a USAR officer.

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

                       DENY APPLICATION




		Karl F. Schneider
		Acting Director