MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:



         BOARD DATE: 26 MARCH 2002
         DOCKET NUMBER: AR2001064406

         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. Kenneth H. Aucock		Analyst

The following members, a quorum, were present:

Mr. George D. Paxson		Chairperson
Ms. Deborah S. Jacobs		Member
Mr. Ronald E. Blakely		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)

---

APPLICANT REQUESTS: That her DD Form 214 show that she was released from active duty, not discharged; and that it show a mailing address in Lake George, Colorado in lieu of the mailing address in Germany shown on that form.

APPLICANT STATES: She made no statement, but submitted a copy of her DD Form 214 and a copy of her 20 December 1996 Oath of Office (DA Form 71).

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

The applicant enlisted in the Army Reserve for eight years on 23 August 1993 as a cadet. She completed an ROTC scholarship cadet contract, which showed that the Army would pay her tuition and other fees for three years in return for her acceptance of appointment as a commissioned officer after completing her education. The applicant was appointed a second lieutenant in the Army Reserve on 20 December 1996. Her Officer Record Brief (ORB) shows that she was a distinguished military graduate (DMG). She completed the military intelligence officer basic course and was then assigned as a platoon leader to a military intelligence company in Germany. She deployed to Bosnia Herzegovina in support of Operation Joint Forge. She was promoted to Captain on 1 June 2000.

The applicant’s DD Form 214 shows that she was discharged from the Army on 8 December 2000. She had 3 years, 11 months, and 19 days of service. Her DD Form 214 does not show any prior service, active or inactive. Item 6, Reserve Obligation Termination Date, indicates that she had no Reserve obligation. Item 9, Command to Which Transferred, shows “NA.” Her mailing address on the DD Form 214 is shown as an address in Udenheim, Germany. The separation authority is listed as AR 600-8-24, para 3-5, and the reason for her separation as Miscellaneous/General Reasons. The separation code is shown as “FND.”

The applicant signed the form indicating that she had reviewed it and accepted the information as being correct.

In a 26 July 2001 letter to the National Personnel Records Center she requested a copy of her DA Form 71, stating that she needed that record in order to affect changes to her DD Form 214, i.e., changes to item 9 to read, Army Individual Ready Reserve; to item 19 to read an address in Wildberg, Germany; and to item 23 to read, Released from active duty. She stated that those changes would then result in changes to items 26 and 27 of her DD Form 214, i.e., separation code and reentry code, respectively. She stated that those changes were necessary so that she could serve the rest of her military commitment in the Reserves.

Army Regulation 600-8-24 provides for the transfer and discharge of officers. Chapter 3 prescribes the tasks, rules, and steps for processing voluntary resignations, and states that an officer of the active Army or Army Reserve may tender a resignation under provisions of that chapter. The Secretary of the Army will accept resignations and orders will be issued by direction of the Commanding General, Total Army Personnel Command.

Paragraph 3-5 prescribes the rules for processing unqualified resignations and states in pertinent part that any officer on active duty may tender a resignation except when action is pending that could result in resignation for the good of the service; officer is under a suspension of favorable actions, pending investigation, under charges; or any other unfavorable or derogatory action is pending.
It goes on to say that normally, resignations will not be accepted unless on the requested date of separation the officer has fulfilled the service obligations (1) incurred by participation of graduates of fully funded commissioning program; (2) served in the Armed Forces until completion of his or her statutory service obligation (8 years). An officer who requests resignation before completing the 8-year military service obligation must agree to accept an indefinite appointment in the Army Reserve to complete such service obligation; (3) service academy graduates and ROTC DMGs who are released/separated from active duty before completing their active duty service obligation (ADSO) will complete the remaining portion of their ADSO in the Selected Reserve. This requirement may only be waived by the Assistant Secretary of the Army (Manpower and Reserve Affairs) or his or her delegate.

Army Regulation 635-5 provides for the preparation of the DD Form 214. It prescribes for specific entries to be made in each item on that form to include item 6, Reserve Obligation Termination Date; Item 9, Command to Which Transferred, and Item 19a, Mailing Address After Separation and Item 19b, Nearest Relative. The information for the last two items is provided by the soldier.

Army Regulation 635-5-1 provides for separation codes and the authorities and reasons for their usage to be entered on the DD Form 214. The separation code “FND” shows the narrative reason for separation as Miscellaneous/General Reasons.

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 Board recognizes that the applicant had an 8-year military service obligation upon her commissioning in 1996. Nonetheless, her DD Form 214 indicates that she was discharged as a result of the acceptance of her voluntary resignation. The facts and circumstances concerning her discharge are not on file. However, the Board presumes administrative regularity in the applicant’s discharge. There is nothing in the available records or in anything submitted by the applicant to overcome that presumption.

2. By the same token, the applicant has not provided any evidence to show that her mailing address as shown on her DD Form 214 is incorrect and was not an address provided by her at the time of her discharge. The Board notes that in her 26 July 2001 letter to the National Personnel Records Center she indicated her mailing address as an address in Wildberg, Germany.

3. The applicant has submitted neither probative evidence nor a convincing argument in support of her request.

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 that 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:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___GDP_ __DSJ __ __REB _ DENY APPLICATION

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

---

INDEX

CASE ID	AR2001064406
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20020326
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	110.00
2.	191
3.
4.
5.
6.