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ARMY | BCMR | CY2002 | 2002074234C070403
Original file (2002074234C070403.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 19 December 2002
         DOCKET NUMBER: AR2002074234

         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
Ms. Rosa M. Chandler Analyst


The following members, a quorum, were present:

Mr. Raymond V. O'Connor, Jr. Chairperson
Mr. Stanley Kelley Member
Mr. Harry B. Oberg 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 Item 26 (Narrative Reason for Separation) on her DD Form 214 (Certificate of Release or Discharge From Active Duty) be modified to show that she was separated due to a "hardship" vice "to enter the Reserve Officer Training Corps (ROTC)."

APPLICANT STATES: That she made several trips to Houston, Texas to attend to her ailing mother prior to being separated and she believes that her permanent record is documented to substantiate this contention. She submits a copy of her DD 214 in support of her request.

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

That she enlisted in the Delayed Entry Program (DEP) with two years of college on 9 May 1987. On 24 July 1987, she was discharged from the DEP and enlisted in the Regular Army (RA) for 3 years and training in military occupational specialty (MOS) 91A (Medical Specialist). Following completion of all required military training, she was awarded MOS 91A and, on an unknown date, she was assigned to Fitzsimons Army Medical Center, Aurora, Colorado, to perform duties associated with MOS 91A.

On 13 January 1989, the applicant was separated from the RA under the provisions of chapter 16-2a(1), Army Regulation (AR) 635-200 with an honorable discharge to enter the ROTC Program. She had completed 1 year, 5 months and 20 days of active military service. Item 26 on her DD 214 shows that her narrative reason for separation is "To Enter ROTC."

On 14 January 1989, the applicant enlisted in the United States Army Reserve (USAR) ROTC program for 8 years as a cadet; with 2 years of college, she would have been in the Senior ROTC (SROTC) program (Military Science III-IV). She was assigned to the Army Reserve Personnel Center, USAR Control Group (ROTC), 9700 Page Boulevard, St. Louis, Missouri.

Army Regulation 635-200, paragraph 16-2a(1) sets forth the basic authority for the separation of enlisted personnel for acceptance into a SROTC Program, OCS, or another program requiring enlistment into a Reserve Component of the Army or any component of another branch of the Armed Forces. These programs must lead to a commission or an appointment upon successful completion of the program. The discharge of a soldier from active Army status for acceptance into the advanced course of SROTC is dependent on immediate enlistment in the USAR for assignment to Control Group (ROTC) and presentation of a letter of acceptance from an ROTC host institution indicating the soldier is pursuing a course of study that will lead to a baccalaureate degree. Proper evidence must also document that the soldier has been accepted into the advance course of the SROTC Program.

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. 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.

2. The applicant voluntarily requested separation from the RA to enter the SROTC Program. Upon separation, she immediately enlisted in the USAR ROTC Program for 8 years on 14 January 1989.

3. There is no evidence in the available record that indicates the applicant was the care provider for her mother or that she ever requested a hardship discharge.

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

__rvo___ __sk____ __hbo___ DENY APPLICATION



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




INDEX

CASE ID AR2002074234
SUFFIX
RECON
DATE BOARDED 20021219
TYPE OF DISCHARGE (HD)
DATE OF DISCHARGE 19890113
DISCHARGE AUTHORITY AR635-200, Chap 16
DISCHARGE REASON
BOARD DECISION (DENY)
REVIEW AUTHORITY
ISSUES 1. 104.0300
2.
3.
4.
5.
6.


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