| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Ms. Margaret K. Patterson | Chairperson | |
| Mr. Allen L. Raub | Member | |
| Mr. William D. Powers | Member |
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, that her records be corrected to show that she was discharged from the United States Army Reserve (USAR) as a captain on 2 June 1995, not 3 June 1995.
2. The applicant states, in effect, that she joined the United States Air Force Reserve (USAFR) on 3 June 1995. Her USAR separation date and her date of appointment as a captain in the USAFR overlap and cause confusion.
3. The applicant provides in support of her request: a copy of General Order Number 95-309-015; her USAR Personnel Qualification Record; a copy of her Honorable Discharge Certificate which contains a typographical error in the date "T [RD [day of] JUNE 1995;" an AF Form 133, Oath of Office (Military Personnel), dated "3rd June 1995:" and a USAFR Appointment Order Number PA-821, dated 14 June 1995, which also shows an appointment date of 3 June 1995.
CONSIDERATION OF EVIDENCE:
1. The applicant is requesting correction of an error or injustice which occurred in June 1995. The application submitted in this case is dated 25 March 2003.
2. Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so. In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.
3. The applicant was appointed as a Reserve commissioned officer in the USAR on 24 January 1983. She served honorably in the USAR until she was discharged for the purpose of transferring into the USAFR. She attained the rank of captain (CPT/O3). Her separation orders are dated 28 December 1995 and show that the effective date of her USAR discharge was 3 June 1995.
4. The applicant's Oath of Office document shows that, on 3 June 1995, she was appointed as a captain, Nurse Corps, USAFR. Appointment Order Number PA-821 also supports the applicant's date of appointment and assignment to the USAFR was 3 June 1995.
5. On 20 May 2003, the Chief, 63rd Regional Support Team, Army Reserve Personnel Command, St. Louis, Missouri, informed the applicant that her separation date could not be changed and referred her to the Army Board for Correction of Military Records.
6. Army Regulation 135-175 (Army National Guard and Army Reserve - Separation of Officers), in pertinent part, prescribes the policies, criteria, and procedures governing the separation of Reserve officers of the Army. Chapter
1-7(c) provides that when an officer is discharged for the purpose of entry into a different military or civilian status with Uniformed Services, the effective date of separation will be the day prior to the date of entry into a new status.
DISCUSSION AND CONCLUSIONS:
1. The evidence available supports the applicant was separated from the USAR and appointed a Reserve officer in the USAFR on 3 June 1995. Thus, she entered a new status on this date.
2. The circumstances support that it would be appropriate to correct the applicant's USAR separation order (General Orders Number 95-309-015) and her Honorable Discharge Certificate to show that she was separated from the USAR on 2 June 1995 in accordance with Army Regulation 135-175.
BOARD VOTE:
__mkp___ __alr___ __wdp___ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
| CASE ID | AR2003087856 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20040115 |
| TYPE OF DISCHARGE | (HD) |
| DATE OF DISCHARGE | 19950602 |
| DISCHARGE AUTHORITY | AR135-175 |
| DISCHARGE REASON | |
| BOARD DECISION | (GRANT) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0200 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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