2. The applicant requests, in effect, that her discharge from the Army Reserve (USAR) be corrected to show she was transferred to the USAR Control Group (Annual Training).
3. She states that she had requested to be transferred to the USAR Control Group when she completed her initial active duty for training. That request was based on the reassignment of her husband, who is an active Army soldier. She had intended to locate and join a new USAR unit but discovered that she no longer had any military status. She claims that her discharge was in error as she had over 11 months of active duty at that time, and separations for entry level status performance and conduct are limited to those reservists who have less than 6 months of active duty.
4. Her military records show that she enlisted in the USAR for assignment to a unit in Pennsylvania for 8 years on 28 December 1991 in pay grade E-1. She attended her initial active duty for training from 16 September 1992 to 27 August 1993. She was awarded the military occupational specialty of physical therapy specialist and was honorably released from active duty and returned to her USAR unit.
5. On 3 February 1994 she sent a letter to her USAR commander requesting transfer to the USAR Control Group because of the location of her husbands duty station in Texas and because he was on permanent change of station orders to Germany.
6. On 16 March 1994 orders were issued discharging the applicant under the provisions of Army Regulation 135-178, chapter 5, entry level status performance and conduct. Her discharge was considered to be uncharacterized.
7. Army Regulation 135-178, chapter 5, entry level status performance and conduct, provides for the separation, in an entry level status, of new personnel who are recommended for separation during their initial l80 days of active service, usually due to their inability to complete their training. These personnel are issued an uncharacterized discharge.
8. Army Regulation 135-91, paragraph 4-15, specifies that a reservist who relocates beyond reasonable commuting distance to his or her unit, who has not completed 24 months of active duty, and who cannot be assigned to a unit in the new location, will be transferred to the USAR Control Group (Annual Training)
CONCLUSIONS:
1. The applicant notified her commander of her new address and of her intent to relocate to Germany with her husband. If a new unit could not be located in those areas, regulations require that she be transferred to the USAR Control Group (Annual Training), not discharged.
2. In addition, the applicants contention that she should not have been discharged under entry level status performance and conduct because she served over 6 months of active duty is correct. As such, her discharge is in error and must be revoked.
3. It must be assumed that the applicant either would have joined a unit in her new location or would have otherwise have earned sufficient retirement points to qualify for retired pay if she had not been discharged. As such, she should be credited with these retirement points.
4. In view of the foregoing, the applicants records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by revoking orders 031-14 dated 16 March 1994;
b. by showing that she was transferred to the USAR Control Group (Annual Training) effective 16 March 1994 by reason of relocation in accordance with Army Regulation
135-91, paragraph 4-15; and
c. by showing that she has been assigned to the USAR Control Group (Annual Training) since 16 March 1994 and earned sufficient retirement points for each retirement year, up to the date of this decision, to qualify that year for retired pay.
BOARD VOTE:
GRANT AS STATED IN RECOMMENDATION
GRANT FORMAL HEARING
DENY APPLICATION
CHAIRPERSON
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