| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Mr. Raymond J. Wagner | Chairperson | |
| Ms. Linda D. Simmons | Member | |
| Ms. Marla J. Troup | Member |
APPLICANT REQUESTS: In effect, that her discharge be voided, that her records be corrected to show she remained in the Individual Ready Reserve (IRR), and that she be allowed to serve in an active status in the Ohio Army National Guard (ARNG).
APPLICANT STATES: That she requested to remain in the IRR when she resigned her commission in February 1996. She resigned to further her education in preparation for overseas ministry as a registered nurse with the Christian and Missionary Alliance in Gabon, a 4-year obligation. In May 1997 to November 1998, she attended French language study in France. She then served in the jungles of Gabon. She knew she would be unable to continue her active military drilling while studying and serving overseas, so she requested assignment to the IRR should her country ever need her in the future. She had no plans to totally separate from the military. There is no question that she would have been promoted to first lieutenant had she remained. She never requested her April 1999 discharge. As supporting evidence, she provides copies of her ARNG records.
EVIDENCE OF RECORD: The applicant's military records show:
After having had prior service in the U. S. Navy, she was commissioned a second lieutenant, in the Army Nurse Corps, in the Ohio ARNG on 23 June 1994.
The applicant moved to Minnesota and apparently resigned her commission to go into the IRR. National Guard Bureau Form 22 (Report of Separation and Record of Service) and orders show she was discharged from the Ohio ARNG effective 15 February 1996 and transferred to the IRR.
The applicant went before a mandatory promotion board and was promoted to first lieutenant in October 1996.
By letter dated 30 January 1998 addressed to all members of the IRR from the U. S. Army Reserve Personnel Command (AR-PERSCOM), the applicant was informed that the U. S. Army Reserve was realigning the IRR. An analysis of the current IRR strength showed a sufficient number of officers in the applicant's grade and skill who were qualified mobilization assets and met their force requirements. According to their records, the applicant was not a qualified mobilization asset and she was being considered for separation. To preclude that action, she would have to regain and maintain her qualification as a mobilization asset to include completing a new physical examination and earning a minimum of 50 participation points per year. She was required to elect an option within 45 days of the date of the letter.
Records at AR-PERSCOM revealed that the 30 January 1998 letter was re-sent to the applicant on 25 March 1998. AR-PERSCOM records further revealed that on 11 May 1998, the applicant either requested resignation/discharge or a decision was made to discharge her.
On 16 April 1999, the applicant was honorably discharged from the U. S. Army Reserve.
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 evidence of record shows the applicant was transferred to the IRR upon her separation from the ARNG in February 1996 and was promoted to first lieutenant while in the IRR.
3. The evidence of record shows the IRR was realigned around January 1998 and at that time the applicant was determined not to be a mobilization asset. That determination tends to agree with the applicant's statement that she was studying in France at the time and would soon be sent to Gabon for several years. AR-PERSCOM notified her by letter dated 30 January 1998 that she would be separated from the IRR unless she became a mobilization asset. It appears the letter was sent to her a second time in March 1998.
4. It is not clear from the available records if the applicant elected resignation/discharge in May 1998 or if the decision to discharge her was made by AR-PERSCOM at that time based upon her failure to respond to the letter. Nevertheless, the decision to approve her discharge was appropriate concerning her circumstances.
5. The decision to allow the applicant to serve in an active status in the Ohio Army National Guard is dependent on vacancies in the applicant's grade and skills in the Ohio Army National Guard and is not a decision that will be made by the Board.
6. 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
__rjw___ __lds___ __mjt___ DENY APPLICATION
| CASE ID | AR2003087938 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031028 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 135.05 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002069937C070402
The applicant’s military records show that he served as an enlisted member of the Army National Guard in Pennsylvania and then New Jersey, from 24 April 1980 through 26 June 1987. The applicant was correctly discharged according to regulation and law for two-time nonselection for promotion to CPT and is not eligible to be reinstated in the Reserve as an officer beyond the correction date of 12 February 2001 above, although he may be eligible to enlist which can be determined by the...
ARMY | BCMR | CY2002 | 2002081455C070215
The applicant requests that her discharge be revoked and that she be transferred to the Retired Reserve. In support of her application, she submits copies of her: Election of Options Form; two follow-up requests dated 11 December 1997 and 14 June 2002; response memorandum from the 90 th Regional Support Team (RST), dated 25 July 2002; Notification of Eligibility for Retired Pay at age 60 (20-Year Letter), dated 21 February 1991; Army National Guard (ARNG) Retirement Points History...
ARMY | BCMR | CY2001 | 2001062384C070421
The applicant requests that his enlistment in the Army National Guard (ARNG) be voided so that he can accept his promotion to captain in the Army Reserve as a result of a Standby Advisory Board (STAB) promotion selection. The applicant is entitled to expunction of his enlistment contract, with no force or effect, and further correction of his military records to show he was promoted to captain effective 25 June 1998, with entitlement to back pay and allowances. b. voiding his 30 December...
ARMY | BCMR | CY2014 | 20140016406
The applicant states: a. The applicant's record is void of orders or any evidence that shows his resignation was accepted and processed by AR-PERSCOM or that shows he was ever issued orders discharging him from the USAR Control Group. On 1 May 2014, the applicant submitted a request to HRC requesting his MRD be adjusted to account for his breaks in service from 19 January to 16 August 1993 and from 27 October 2003 to 2 November 2005.
ARMY | BCMR | CY2008 | 20080007863
IN THE CASE OF: BOARD DATE: 21 August 2008 DOCKET NUMBER: AR20080007863 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant states that she requested transfer to the IRR, but her commander discharged her instead, even though she had more than 12 years of USAR service at the time. The action by the ADRB to change the characterization of the applicant's discharge from UOTHC to GD cleared one obstacle to her transfer to the IRR under the Mobilization Asset Transfer Program.
ARMY | BCMR | CY2008 | 20080004093
The applicant requests that her discharge from the U. S. Army Reserve (USAR) be voided and her records corrected to show she transferred to the Retired Reserve. The applicant provides orders, dated 22 July 1998, assigning her to the USAR Control Group (Reinforcement); discharge orders, dated 21 October 1999; and her notification of eligibility for retired pay at age 60 (her 20-year letter). If a Soldier does not earn the required 50 retirement points during a retirement year and the...
ARMY | BCMR | CY2007 | 20070000794
By memorandum (sent by certified mail), dated 30 September 2004, the applicant was informed he had received instructions to provide a "path of remedy" within 60 days and that he had provided a letter from his doctor regarding the left [heel] spur and tendon right [heel]. The applicant's records show he was released from active duty in April 1998, under the VSI program. However, because he provided no medical evidence to show he was in compliance with his unit's request for a remedy to his...
ARMY | BCMR | CY2002 | 2002072743C070403
On 20 August 1997, the OKARNG issued a NGB Form 22 (Report of Separation and Record of Service) honorably discharging the applicant from the OKARNG as a SGT, pay grade E-5, by reason of the individual's request. The investigation further substantiated that: the applicant submitted false information on his application for Army National Guard federal recognition in January 1987 by stating “No” to the question, “Have you ever been arrested or convicted by a civil court of other than minor...
ARMY | BCMR | CY2004 | 20040010162C070208
The applicant states, in effect, that a. she was unable to fulfill her STRAP contractual obligation due to physical disability; b. she enrolled in STRAP on 14 January 1992 and completed the academic portion of STRAP in May 1995; c. she was injured on her civilian job in July 1996 and was unable to return to the active reserve due to her physical condition; d. she completed two degrees while in the Individual Ready Reserve (IRR); e. she was unable to perform physically in a military or...
ARMY | BCMR | CY2007 | 20070007799C071029
The applicant provided a 7 August 2006 letter from HRC-STL to his Congressman, which indicated the applicant had been identified to, but removed from, the 2000 CPT, Army Promotion List, Department of the Army Reserve Components Selection Board (RCSB) due to his time spent in the Inactive Army National Guard as of 1 February 2000. Department of the Army Personnel Policy Guidance, chapter 13, states that a commissioned officer who is notified of a two-time nonselect for promotion, and is not...