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Decision Text

ARMY | BCMR | CY1996 | 9610858C070209
Original file (9610858C070209.txt) Auto-classification: Approved
2.  The applicant requests that the effective date of her “transfer” from the Army Reserve (USAR) to the Air Force Reserve (USAFR) be corrected from 16 December 1994 to 11 February 1995.

3.  She states that although she signed the USAFR enlistment contract on 16 December 1994, she was not allowed to participate in unit training with the USAFR unit until 11 February 1995.  She states that both the request for orders transferring her from the ARNG to the USAFR and the orders themselves were dated well past the date of her enlistment in the AFRES.

4.  In an addendum to her application, she states that she has been told that the USAR data base shows that she enlisted in the Army National Guard (ARNG), not the USAFR.  She states that her conditional release from the USAR was misrouted, which caused the delay in her assignment to the USAFR.  That error resulted in her being in both the USAR and the USAFR at the same time.  She received leave and earning statements from both services until June 1995; premium deductions for Serviceman’s Group Life Insurance were made by both services until June 1995; she was not allowed to drill with her USAFR unit until February 1995; she did not receive orders transferring her from the USAR to the USAFR until May 1995; and she has never been issued a discharge from the USAR after her enlistment in the USAFR.

5.  The applicant's military records were not provided to the Board.  The following information was derived from documentation submitted by the applicant, herself.  

6.  She enlisted in the Regular Navy on 13 October 1982 and was released from active duty on 31 May 1984.  She was then assigned to the Navy Reserve where she remained until her enlistment in the Army Reserve (USAR) on 17 January 1990.

7.  On 30 October 1990 she transferred from a unit in California to a unit in Germany.  On 1 April 1991 she was transferred from the unit in Germany to a unit in the state of Washington.  On 20 November 1991 she was transferred back to a unit in Germany.  On 2 August 1993 she was transferred between units in Germany.  On 1 September 1994 she was transferred from her unit in Germany to a unit in California.

8.  On 16 December 1994 she signed a DD Form 4, Enlistment, Reenlistment Document, Armed Forces of the United States, enlisting in the USAFR for 3 years in pay grade E-5.

9.  Army Regulation 140-10, paragraph 9-2, states that USAR soldiers will be discharged the day prior to their enlistment into another component.  Army Regulation 135-178, paragraph 3-3 reiterates this procedure and provides the authority to discharge the affected reservists.

CONCLUSIONS:

1.  The Board does not have the authority to change the date of the applicant’s enlistment in the USAFR.  That contract was with the USAFR, not the USAR.

2.  The applicant’s status as a member of the USAR terminated the day prior to her enlistment in the USAFR.  Unless the Air Force Board of Correction of Military Records directs a change in the date of enlistment in the USAFR, there is no reason nor basis for changing the effective date of her discharge from the USAR.

3.  The applicant has presented evidence that she was erroneously carried in both USAR and the USAFR strength simultaneously.  This is an administrative error and should be corrected when orders are issued discharging her from the USAR.

4.  Her contention that she did not receive orders transferring her from the USAR to the USAFR until May 1995 is confirmed by the evidence she submitted.  However, those orders were issued in error.  There are no provisions to transfer a member of the USAR to another component.  An individual is enlisted into the other component and is discharged from the USAR effective the day preceding that enlistment.  

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by: 

	a.  issuing orders discharging the individual concerned from the USAR effective 15 December 1994; and

	b.  by revoking orders 34-06, dated 2 May 1995, Headquarters, 91st Division (Exercise), orders which erroneously transferred the applicant from the USAR to the USAFR.

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

                       GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION




		                           
		        CHAIRPERSON

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