RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 September 2005
      DOCKET NUMBER:  AR20040011268


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Barbara J. Ellis              |     |Member               |
|     |Mr. Richard T. Dunbar             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his honorable discharge from
the U.S. Army Reserve be withdrawn and that his commission be reinstated.

2.  The applicant states, in effect, that at the time of enlisting for
active duty in the U.S. Army, he should have been given a conditional
release from his commission in the U.S. Army Reserve.  Instead, he was
transferred into the Individual Ready Reserve and was unable to complete
the requirements to progress to the next higher rank.

3.  The applicant provides copies of his enlistment and reenlistment
documents, a copy of his appointment certificate as second lieutenant in
the U.S. Army Reserve, and his DD Form 214 (Certificate of Release or
Discharge from Active Duty), with an effective date of 24 November 2004.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
1 February 2001, the date of his discharge from the U.S. Army Reserve.  The
application submitted in this case is dated 9 November 2004.

2.  The applicant’s personnel records show that he was appointed as an
officer in the rank of second lieutenant in the U.S. Army Reserve on 5 May
1985, for an indefinite term.  The applicant served successfully as an
infantry officer in the U.S. Army Reserve and was promoted to the rank of
captain on 28 May 1992.

3.  On 28 October 1993, the applicant enlisted in the U.S. Army in the rank
of specialist/pay grade E-4.  The applicant served on active duty in
military occupational specialty (MOS) 95B (Military Policeman) and attained
the rank of sergeant/pay grade E-5.

4.  The applicant's records contain U.S. Army Reserve Personnel Command,
St. Louis, Missouri, Orders D-08-046625, dated 24 August 2000, which show
the applicant was honorably discharged from the U.S. Army Reserve, in the
rank of captain, effective 1 February 2001.  The authority for discharge
was AR 135-175.





5.  The applicant provides a DD Form 214 which shows that he was honorably
discharged from active duty in the U.S. Army, in the rank of sergeant/pay
grade E-5, effective 24 November 2004.  Item 25 (Separation Authority) of
the document contains the entry, "AR 635-40, PARA 4-24B(3)", and Item 28
(Narrative Reason for Separation) of the document shows the entry,
"Disability Severance Pay".

6.  There is no evidence of record which shows the applicant submitted a
request for conditional resignation to obtain a conditional release from
his commission in the U.S. Army Reserve in order to enlist in the U.S.
Army.

7.  Coordination was made with the Chief of Promotions, U.S. Army Human
Resources Command (USA HRC), St. Louis, Missouri, to determine the
applicant's reserve officer status and reason for his discharge.
Information provided indicates that he was discharged after twice failing
to be selected for promotion to the rank of major in the U.S. Army Reserve.

8.  Additional information provided indicates that the applicant was
considered and not selected for promotion to major by the 1999 Reserve
Components Majors' Selection Board.  At the time, the applicant should have
been aware of the Officer Evaluation Reports that he had received while
serving in the rank of captain and of the Board's "best qualified"
selection criteria.  After his first non-select by the Board, the applicant
could have elected to resign his U.S. Army Reserve commission; however, it
appears he chose not to do so.  The applicant was subsequently considered
for promotion to major by the 2000 Reserve Components Majors' Selection
Board, but not selected.  As a captain who failed selection for promotion
to the rank of major for the second time, he was required to be discharged.

9.  Army Regulation 135-175 (Army National Guard and Army Reserve -
Separation of Officers), in effect at the time of the applicant's
enlistment in the U.S. Army and his discharge from the U.S. Army Reserve,
applied to all officers of the Army National Guard of the United States and
the United States Army Reserve.  It provided, in pertinent part, that
officers may submit a conditional resignation to obtain a conditional
release to apply for appointment in a regular component of another Armed
Force; the Regular or Reserve component of the U.S. Public Health Service;
the Environmental Science Services Administration, and for enlistment in a
Regular or Reserve Component of another Armed Force.  This document also
provided procedures governing the submission of resignations which may be
submitted by U.S. Army Reserve officers.

10.  Amy Regulation 635-40 (Personnel Separation - Physical Evaluation for
Retention, Retirement, or Separation), in effect at the time of the
applicant's discharge from active duty provides, in pertinent part, that
PERSCOM will dispose of the case by publishing orders or issuing proper
instructions to subordinate headquarters.  The document goes on to state
that, based upon the final decision of to U.S. Army Personnel Disability
Agency (USAPDA) or APDAB, PERSCOM will issue retirement orders or other
disposition instructions for separation for physical disability with
severance pay.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that at the time of enlisting for
active duty in the U.S. Army, he should have been given a conditional
release from his commission in the U.S. Army Reserve.  Instead, he was
transferred into the Individual Ready Reserve and was unable to complete
the requirements to progress to the next higher rank.  As a result, he was
twice passed over for promotion to the rank of major, which resulted in his
discharge from the U.S. Army Reserve.

2.  The applicant provided no documentary evidence in support of his
contention that he was unable to complete the requirements to progress to
the next higher commissioned officer rank in the U.S. Army Reserve while
serving on active duty as an enlisted Soldier, or that his discharge from
the U.S. Army Reserve was in error.

3.  There is no evidence of record which shows the applicant submitted a
request for his conditional resignation to obtain a conditional release
from his commission in the U.S. Army Reserve in order to enlist in the U.S.
Army.  Therefore, it would be inappropriate to grant his conditional
release and reinstate his commission in the U.S. Army Reserve at this time.

4.  Records show the applicant was properly and equitably discharged in
accordance with the regulations in effect at the time.  Lacking evidence to
the contrary, it is determined that all requirements of law and regulations
were met and the rights of the applicant were fully protected throughout
the separation and discharge process.  Therefore, the applicant is not
entitled to withdrawal of his honorable discharge and reinstatement of his
commission in the U.S. Army Reserve.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SK __  ___BJE__  __RTD__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





                                  _____ Stanley Kelley________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011268                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050901                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20010201                                |
|DISCHARGE AUTHORITY     |AR 135-175                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |110.0300.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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