IN THE CASE OF:	  

		BOARD DATE:	  28 September 2010

		DOCKET NUMBER:  AR20100007969 


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 that the Notification of Unsatisfactory Participation be removed from his IPERMS (interactive Personnel Electronic Records Management System) record.

2.  The applicant states that in light of his Regular Army service since 2001, the Army National Guard (ARNG) separation is outdated.

3.  The applicant provides no additional documentation to substantiate his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant served in the ARNG from 14 June 1993 to 10 March 1995 and was separated with a general discharge due to unsatisfactory performance.

2.  The 18-page separation package, entitled "Notification to Soldier of Unsatisfactory Participation," in the military personnel record jacket (MPRJ) section of his IPERMS contains the various notifications of unsatisfactory drill attendance as well as the separation processing documents.

3.  South Carolina ARNG Orders 54-4, dated 21 March 1995, ordered the applicant's discharge and National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), dated 10 March 1995, are filed in the service section of his IPERMS.  Both state the reason for separation.

4.  On 13 September 2001 he enlisted in the Regular Army for 4 years.  During the enlistment process he disclosed his prior ARNG service.  He received an enlistment bonus and a promise of Ranger training.

5.  The applicant reenlisted in pay grade E-5 on 6 October 2004 and in pay grade E-6 on 8 March 2007.  His awards include three Army Commendation Medals, the Army Achievement Medal, two Army Good Conduct Medals, the Combat Infantryman Badge, and the Parachutist Badge.

6.  In addition to the separation orders and the NGB Form 22 filed in the service section, 18 pages of documents related to his separation from the ARNG are currently filed in the MPRJ section of his IPERMS record under the title "Notification of Unsatisfactory Participation."

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that in light of his Regular Army service since 2001, the ARNG separation is outdated.

2.  In light of the applicant's distinguished service since 2001, the separation package entitled "Notification to Soldier of Unsatisfactory Participation" filed in his IPERMS record is outdated and unnecessary.  It should be removed from his MPRJ.

3.  The separation orders and NGB Form 22 currently filed in the service section of his IPERMS should be retained to provide a record of that period of his service.

4.  In view of the foregoing findings and conclusions, it would be appropriate to rectify this injustice by correcting the applicant's records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X ___  ___X____  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board determined that the 18-page ARNG separation package should remain filed in the applicant's records.  It is a historical record showing that due process was followed in the processing of his separation.

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



      __________XXX_________
       	     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)                                         AR20100007969



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ABCMR Record of Proceedings (cont)                                         AR20100007969



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