RECORD OF PROCEEDINGS


         IN THE CASE OF:


         BOARD DATE: 12 FEBRUARY 2004
         DOCKET NUMBER: AR2003089632


         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
Ms. Gale J. Thomas		Analyst

The following members, a quorum, were present:

Ms. Joann H. Langston		Chairperson
Mr. Lester Echols		Member
Mr. Robert J. Osborn II		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).


1. The applicant requests to be reinstated into the Individual Ready Reserve (IRR).

2. The applicant states that he was erroneously discharged from the IRR because there was no record of his good years of service with the Maryland Army National Guard from October 1996 to October 2002.

3. He states that in April 2002 he was transferred to Florida because of his civilian job and drilled with a local unit in Miami between April and October 2002. He notes that he attempted to secure a position in a National Guard unit in Florida but was not successful and so requested transfer to the IRR in October 2002.

4. In March 2003, the applicant states that he received copies of documents discharging him to the IRR effective 26 February 2003. He states that he was told there was no record of his National Guard service and that apparently the Maryland Army National Guard had failed to forward his documents to the Army Reserve Personnel Command. He contends this oversight resulted in his erroneous discharge from the IRR.

5. The applicant provides copies of his December 1998 promotion orders to Master Sergeant, his October 2002 discharge orders from the Army National Guard to include his discharge certificate, his February 2003 discharge orders from the U.S. Army Reserve to include his discharge certificate, two NGB Forms
22 (Report of Separation and Record of Service), one with the discharge date of 15 October 2002, and the other with a discharge date of 23 October 2002, his National Guard Retirement Point Statement, and an October 2001 request to extend his enlistment by 1 year.

CONSIDERATION OF EVIDENCE:

1. Records available to the Board indicate that the applicant served an initial period of active duty between 8 March 1977 and 23 March 1987 when he was honorably discharged upon completion of his enlistment/reenlistment contract.

2. Following his release from active duty he enlisted in the Maryland Army National Guard (24 March 1987) and served in that capacity until 1 March 1989 when he was discharged from his state status and transferred to the IRR.

3. On 24 April 1991 the applicant was honoraby discharged from the IRR. His Army National Guard Retirement Points History Statement indicates that he had no military affiliation between his April 1991 discharge from the IRR and his reenlistment in the Army National Guard on 24 October 1996.
4. On 24 October 1996 the applicant reenlisted in the Army National Guard. He subsequently extended his 1996 reenlistment on 2 occasions and on 10 October 2001 he extended for an additional year thereby establishing his separation date as 23 October 2002.

5. On 9 October 2002, two weeks prior to the applicant’s scheduled separation date, the Maryland Army National Guard Headquarters published orders discharging the applicant from the Army National Guard under the provisions of National Guard Regulation 600-200, paragraph 8-27h, and assigned him to the United States Army Reserve Control Group (Reinforcement) with an effective date of 15 October 2002. He was serving in pay grade E-8 at the time and had nearly 18 years of creditable service for retirement purposes. An Army National Guard Form 22 (Report of Separation and Record of Service) was published in addition to an Honorable Discharge Certificate. The discharge document noted that the applicant’s “terminal date of reserve military service obligation” was
23 October 2003. His reenlistment eligibility code was recorded as RE-1 indicating he was fully qualified for reenlistment. The applicant was not available to sign the separation document.

6. National Guard Regulation 600-200, paragraph 8-27h, states that a Soldier may be discharged from the Army National Guard when the Soldier requests “not to be discharged from the Reserve of the Army status in order to become a member of the Army Reserve.”

7. Notwithstanding the action to discharge the applicant from the Army National Guard and transfer him to the IRR, there is no indication that he ever executed any enlistment contract to continue his military service beyond his 23 October 2002 scheduled separation date.

8. The Maryland Army National Guard published a second National Guard Bureau Form 22 indicating that the applicant was discharged from the Army National Guard on 23 October 2002 in accordance with the expiration of his service contract. This document did not transfer him to the IRR and indicated that his “terminal date of reserve military service obligation” was 23 October 2002. There were no documents available to the Board indicating that the earlier discharge documents had been revoked. Again, the applicant was not available to sign the discharge document.

9. On 25 February 2003 the United States Army Reserve Personnel Command published orders honorably discharging the applicant from the United States Army Reserve effective 26 February 2003. An Honorable Discharge Certificate was also issued.



10. Information obtained from the United States Army Reserve Personnel Command, now known as the United States Army Human Resources Command-St. Louis, indicated that discharge orders are automatically published when computerized databases are unable to connect an individual on the Reserve rolls to an active enlistment/reenlistment contract.

DISCUSSION AND CONCLUSIONS :

1. The evidence does suggest that the applicant intended to continue his military affiliation by transferring from the Army National Guard to the IRR. This is confirmed by the publication of discharge and reassignment orders, and the separation document which honorably discharged the applicant from the Maryland Army National Guard on 15 October 2002. It is unclear why the
15 October 2002 separation document indicated a Reserve obligation termination date of 23 October 2003. It could have been a typographical error because there is no evidence that the applicant took any steps to execute a reenlistment contract to continue his military service beyond his 23 October 2002 scheduled separation date.

2. It is unclear why the Maryland Army National Guard published a second discharge document honorably discharging the applicant on 23 October 2002, although it is possible that because the applicant had not executed a reenlistment contract to continue his military service, they believed that it was the appropriate thing to do.

3. Because the applicant apparently never executed an enlistment/reenlistment contact for the United States Army Reserve, he was automatically discharged in February 2003 when databases at the United States Army Human Resources Command-St. Louis were unable to connect his name to a valid enlistment/reenlistment contact.

4. The evidence shows that the applicant’s discharge from the IRR was appropriate under the circumstances, even though the applicant may have been confused about his status. After more than 17 years of military service and service in a senior noncommissioned officer grade, he should have been aware of his obligation to execute reenlistment contracts in order to continue his affiliation with the military.

5. His argument that his discharge resulted from the IRR not being aware of his National Guard service between 1996 and 2002 is without foundation. He was discharged because he had no valid service contact. His military service commitment expired on 23 October 2002 when his last contract expired.



6. The applicant is advised to contact his nearest United States Army Reserve recruiter to inquire about executing an enlistment contract in order to continue his military service.

7. In order to justify correction of a military record the applicant must show, 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.

BOARD VOTE:

________ ________ ________ GRANT RELIEF

________ ________ ________ GRANT FORMAL HEARING

__ JHL ___ __ LE ___ __ RJO __ DENY APPLICATION


The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.





                  ___Joann H. Langston______
                  CHAIRPERSON

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INDEX

CASE ID	AR2003089635
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	20040212
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.
3.
4.
5.
6.