MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 23 October 2001
         DOCKET NUMBER: AR2001058688

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Vic Whitney		Analyst

The following members, a quorum, were present:

Ms. Shirley Powell		Chairperson
Mr. Thomas E. O’Shaughnessy		Member
Mr. Allen L. Raub		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: That his Ready Reserve status be changed to assignment to the Standby Reserve (Inactive).

APPLICANT STATES: That he should have been transferred to the Standby Reserve (Inactive) when he was declared a key Federal employee. He should not have been considered for promotion. He submits a copy of his certification as a key Federal employee and an e-mail from the Reserve Components Promotions Branch, Total Army Personnel Command (PERSCOM) in support of his request.

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

He was appointed a second lieutenant on 16 June 1991, and assigned to the Army Reserve Control Group (Reinforcement). He had 3 years, 11 months, and 13 days prior active duty enlisted service.

On 7 July 1992, his employer declared the applicant a key Federal employee and requested that the Army Reserve Personnel Center (ARPERCEN) remove him from the Ready Reserve. His employer provided a second request to the ARPERCEN on 16 February 1993. Effective 22 April 1993, the applicant was transferred to the Standby Reserve (Active).

On 5 July 1994, the applicant was transferred to the Control Group (Reinforcement). There is no documentation in the available record to show the basis for this transfer. In January 1994 the applicant was considered but not selected for promotion to first lieutenant. He had not completed his officer basic course (OBC) and was considered not educationally qualified for promotion.

A 27 April 1999 memorandum from the Army Reserve Personnel Command (AR-PERSCOM) to the applicant’s employer requested confirmation on his key Federal employee status. The employer responded that he was still a key Federal employee.

The AR-PERSCOM provided the applicant a memorandum, dated 30 April 1999. The purpose of the memorandum was to inform the applicant that an updated screening of his status was required. He was also informed that, if his status as a key Federal employee was no longer required, he must elect transfer to the Control Group (Reinforcement), the Retired Reserve, or discharge. The applicant elected transfer to the Control Group (Reinforcement) on 13 May 1999.





Effective 26 July 1999, the applicant was transferred from the Standby Reserve (Active) to the Control Group (Reinforcement). It is presumed that the prior order that transferred him to the Control Group (Reinforcement), effective 5 July 1994, had been revoked at an earlier date.

The 8 June 2001 e-mail provided by the applicant is from the Reserve Components Promotions Branch, PERSCOM, to an Air Force appointments office. The e-mail notes that the applicant had been assigned to the Standby Reserve (Active) and that is still an active Reserve status that does not preclude promotion consideration. The e-mail also verifies that the applicant failed to complete an OBC and was considered not eligible for promotion selection.

The applicant was discharged effective 14 June 2001, based on his failure to complete OBC and the fact that he was no longer an obligated officer.

Information provided by the lieutenant management office at AR-PERSCOM revealed that the applicant was originally scheduled for OBC, at his request, in October 1991. In August 1991 the applicant requested a different class date based on pending employment with the Federal Government. The applicant agreed to a July 1992 class date. On an unknown date the applicant requested cancellation of the July class date because of an employment conflict. There is no evidence of record that the applicant attempted to reschedule his OBC date.

In the processing of this case an advisory opinion was provided by the Transition and Separations Branch, AR-PERSCOM. The opinion notes the applicant’s status as discussed above. The opinion also notes that the applicant had not completed his OBC after 10 years of commissioned service and that he voluntarily requested transfer to the Control Group (Reinforcement) with the full knowledge that his key Federal employee status had not changed. The opinion recommended denial of the applicant’s request.

The applicant was provided a copy of the advisory opinion for comment but failed to respond in over 75 days.

Army Regulation 135-133 provides the policy for the screening of the Ready Reserve. The regulation authorizes Ready Reserve soldiers to be declared key Federal employees. It provides that Reserve officers with a remaining service obligation will be transferred only to the Standby Reserve (Active).






Army Regulation 135-155 provides the policy for promotion of Reserve Component officers. The regulation notes that certain service and military education requirements must be met and applies to officers of the Ready Reserve and the Standby Reserve (Active). Second lieutenants must have served 3 years in grade and have completed their OBC for eligibility for promotion.

Army Regulation 140-10 provides the policy for assignments and transfers in the Army Reserve. The regulation defines the Standby Reserve (Active) as composed of soldiers who may participate in training, earn retirement points, and be eligible for promotion. This group includes key Federal employees. The regulation also provides the rules for removal from an active status. The regulation requires removal of second lieutenants who are no longer obligated and who have failed to complete an OBC within 36 months of appointment.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion, it is concluded:

1. The applicant was assigned to the Standby Reserve (Active) from 22 April 1993 to 25 July 1999. The fact that he was transferred to the Control Group (Reinforcement) on 26 July 1999 has no bearing on his discharge. The applicant should have been discharged at the end of his obligation on 15 June 1999, for failure to complete the required military education.

2. The applicant was provided two opportunities to attend the required OBC but he did not attend based on his own request. The applicant knew that he must complete an OBC but failed to take the necessary steps to attend the required training to maintain his status in the Reserve Components.

3. 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.











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

___sp___ ___to____ ___ar___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2001058688
SUFFIX
RECON
DATE BOARDED	20011023
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	deny
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.