| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Ernest M. Willcher | Chairperson | |
| Mr. Richard T. Dunbar | Member | |
| Mr. Thomas E. O’Shaughnessy, Jr. | Member |
APPLICANT REQUESTS: That his records be corrected to show that his service in the Army Reserve was continued although he requested and received an unqualified resignation.
APPLICANT STATES: That he requested an appointment in the Reserve Component upon release from active duty. He indicates he did not want to be totally separated from the Army.
EVIDENCE OF RECORD: The applicant's available military records show:
On 4 September 1987, he entered active duty as an Army Reserve commissioned officer. He completed his required training and was awarded military occupational specialty 13A (Field Artillery Officer, General). He was promoted to pay grade 0-3 effective 1 March 1992.
On 1 September 1997, the applicant submitted a request for an unqualified resignation under Army Regulation (AR) 600-8-24 (Officer Transfers and Discharges) because the Army was no longer conducive to his family life and the Army was not a positive environment to foster a strong family. He requested an effective date of 1 March 1998. He indicated he desired appointment in the U.S. Army Reserve. Further, he indicated he would accept release from active duty in lieu of resignation.
On 26 September 1997, the Commander, Total Army Personnel Command (PERSCOM) approved his request for unqualified resignation via routine message. The approval indicates “OATH OF OFC FOR RES APT WB EXEC AT THE TIME OF DISCH AND FWD TO CDRPERSCOM, ATTN: TAPC-OPD-R, ST. LOUIS, MO 63132-5200”.
On 1 March 1999, he was honorably discharged, as a commissioned officer in the Army Reserve, under AR 600-8-24, based on his unqualified resignation. His separation document indicates he had 10 years, 5 months and 28 days of creditable service.
AR 600-8-24 indicates, in pertinent part, that only Regular Army officers may indicate their desire for an Army Reserve appointment.
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. The evidence of record shows the applicant incorrectly indicated in his request that he desired an appointment in the Army Reserve.
2. The Commander, PERSCOM compounded the applicant’s error by directing an oath of office for a Reserve appointment be executed upon discharge. The applicant was not a Regular Army officer and he was not entitled to an appointment in the Reserve upon discharge from the Reserve Component.
3. The applicant’s request for unqualified resignation was approved, not a release from active duty in lieu of resignation.
4. In order to justify correction of a military record, the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
5. 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:
_emw____ _rtd____ _teo____ GRANT
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
| CASE ID | AR2001051574 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20010315 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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