PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 6 February 2003
         DOCKET NUMBER: AR2002073150


         I certify that hereinafter is recorded the true and complete record of the proceedings 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:

Mr. Fred N. Eichorn		Chairperson
Ms. Eloise C. Prendergast		Member
Mr. James E. Anderholm		Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

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2. The applicant requests, in effect, that she be given credit for her time served in the USAR and that she be allowed to reenlist.

3. The applicant states that while she was in her initial active duty for training (IADT) she was discharged for reasons still unclear to her. Four years later a career manager contacted her for a possible assignment to an Army Reserve unit. She trained with that unit and even extended her enlistment. When she tried to reenlist she was told that she was not eligible because of her discharge from IADT. She provides documents from her military records and a letter from her unit commander in support of her request.

4. The applicant’s military records show that she enlisted in the Army Reserve for 8 years on 28 May 1993 for training as a signal specialist and assignment to a Reserve unit. She completed basic training but did not complete advanced individual training or receive a military occupational specialty (MOS) of 31U.

5. Effective 4 February 1994, she was discharged under the authority of Army Regulation 635-200, paragraph 11-3a, for entry level performance and conduct. Her character of service was uncharacterized. She had 5 months and 22 days creditable service. There are no records of the applicant's service except the separation order and her DD Form 214 (Certificate of Release or Discharge From Active Duty), which she provides.

6. The applicant provides a copy of her 8 May 1998 request for assignment to a Reserve component unit. Effective 23 June 1998, the Army Reserve Personnel Command (AR-PERSCOM) reassigned her from the Individual Ready Reserve (IRR) to an Army Reserve unit. Her pay grade is shown as E-3. A 28 September 1998 Report of Medical Examination shows that she was found physically qualified for retention in the Army.

7. Between 9 January and 25 June 1999, she completed inactive duty training for MOS 77W, Water Treatment Specialist. Effective 10 September 1999, she was promoted to the pay grade of E-4 in MOS 77W. From 20 November 1999 through 12 May 2000, she completed inactive duty training for MOS 54B, Chemical Operations Specialist.

8. Effective 7 April 2001, she extended her original enlistment of 8 years by an additional 12 months. Her new expiration of term of service (ETS) was shown as 30 April 2002. Effective 19 April 2002, she was awarded the primary MOS of 54B, the secondary MOS of 77W, and the additional MOS of 31U.

9. The applicant provides a copy of the results of her 19 April 2002 Army Physical Fitness Test. The form shows that she received a passing score of 231 points. The form also shows that she met the height/weight standards.

10. On an unknown date the applicant attempted to reenlist but it was discovered that she had no valid military status. She was instructed to stop attending unit training effective 29 April 2002.

11. The applicant provides a copy of a letter of support from her former unit commander who states that she has done an excellent job as a soldier and demonstrated leadership and initiative. The commander believes it will benefit his unit and the Army if she were allowed to return as a soldier performing an important mission.

12. Army Regulation 600-8-101 provides the policy for personnel mobilization processing. Chapter 4 provides the policy for soldier readiness and states that soldiers who have not completed a minimum of 12 weeks basic or advanced military training will not be sent outside of the Continental United States.

13. Army Regulation 635-200 provides the policy for administrative separation of soldiers. Chapter 11 provides for the separation of soldiers for unsatisfactory performance or conduct while in an entry level status. It provides that soldiers will be involuntary separated for inability, lack of effort, or failure to adapt to the military environment after proper counseling and rehabilitative efforts.

14. Army Regulation 140-111 provides the policy for the U. S. Army Reserve Reenlistment Program. Paragraph 5-15, authorizes antedating reenlistment agreements to avoid a break in service when reenlistment has been delayed or for the convenience of the Government. The soldier must meet Army height/weight standards and have a current qualifying military physical to be reenlisted.

CONCLUSIONS:

1. The applicant was apparently discharged from her IADT status, without completing her training in MOS 31U, for unknown reasons on 4 February 1994. She had no valid military status or standing effective 5 February 1994 and had no expectation of creditable service on the remainder of her original enlistment.

2. Notwithstanding that the applicant was discharged effective 4 February 1994, effective 23 June 1998, she was transferred to an Army Reserve unit in error, was allowed to extend her enlistment for 12 months, and continued to perform unit training until the error was discovered. She was, in effect, placed in a
de facto military status until 29 April 2002 and it would now be appropriate to recognize that period as qualifying and creditable service.



3. It appears that the applicant has successfully completed all required military training in MOS 77W and MOS 54B and is medically and physically qualified to continue to perform as a satisfactory soldier. The applicant's unit commander has stated that he would like her to remain a member of his unit and it would be appropriate to allow for her reenlistment through an antedated reenlistment contract for 6 years effective 30 April 2002.

4. 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 for the individual concerned be corrected by:

         a. removing from any and all records that she completed training as or is qualified as a signal specialist, MOS 31U;

         b. showing that her de facto military status from 23 June 1998 through 29 April 2002 is creditable and qualifying service for pay, retirement points, and longevity including her promotion to the pay grade of E-4;

         c. executing the necessary reenlistment documents, antedated to 30 April 2002, to show that she reenlisted in the Army Reserve in the pay grade of E-4 for a period of 6 years.

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

__FE___ ___EP___ __JA___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  __Fred N. Eichorn__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002073150
SUFFIX
RECON
DATE BOARDED	20030206
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	GRANT PARTIAL
REVIEW AUTHORITY
ISSUES 1.	135.00
2.	135.02
3.
4.
5.
6.