BOARD DATE:	  11 May 2010

		DOCKET NUMBER:  AR20090019351 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, reconsideration for placement on the Retired List at her highest rank/grade held of sergeant first class (SFC)/E-7.

2.  The applicant states she retired as an SFC as indicated by the State of Michigan Army National Guard (MIARNG) awards ceremony material.

3.  The applicant provides copies of two letters inviting her to an awards ceremony, a 1996 State of Michigan Certificate of Appreciation, a 1996 State of Michigan Special Tribute certificate, and a 1996 awards ceremony program.

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080000398, on 11 December 2008.

2.  The applicant provides the following new evidence as justification for restoring her rank to SFC, which was not previously considered by the Board and warrants consideration:

	a.  two invitations to an awards ceremony identifying her as an SFC, 

	b.  a 3 February 1996 State of Michigan Certificate of Appreciation showing her rank as SFC,

	c.  a 24 February 1996 State of Michigan Special Tribute certificate showing her rank as SFC, and

	d.  a 24 February 1996 ceremony program honoring her retirement as an SFC.

3.  The applicant was promoted to SFC on 26 November 1982 but due to misconduct warranting nonjudicial punishment, on 16 June 1994 she was reduced to sergeant (SGT)/E-5.

4.  On 28 October 2006, she was placed on the retired list in the rank/grade of SGT/E-5.

5.  On 11 December 2008, the Board reviewed the applicant's request for restoration to SFC and granted her partial relief as it determined she was shown to have served honorably in the rank/grade of staff sergeant (SSG)/E-6.

6.  There is no evidence that she was ever promoted above SGT/E-5 following her reduction due to misconduct.  Her current retired rank/grade is the result of this Board's prior actions.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states she retired as a SFC as indicated by the State of Michigan National Guard awards ceremony material she provided.

2.  The fact that the State of Michigan referred to her as an SFC during an awards ceremony does not support a finding that she was or should have been retired in the rank/grade of SFC/E-7.  The information provided for the ceremony was clearly in error as in 1996 as she was officially an SGT/E-5 at the time.

3.  She was advanced on the retired list to SSG/E-6 12 years after her retirement based on a Board determination that the highest grade she successfully held was SSG/E-6.

4.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___x_____  __x_____  ___x __  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 to amend the decision of the ABCMR set forth in Docket Number AR20080000398, on 11 December 2008.



      ___________x_____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090019351



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ABCMR Record of Proceedings (cont)                                         AR20090019351



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