| Mr. Carl W. S. Chun | Director | |
| Mr. Lee Cates | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Roger W. Able | Member | |
| Ms. Karen Y. Fletcher | Member |
APPLICANT REQUESTS: That his records be corrected to show he was honorably discharged as a staff sergeant.
APPLICANT STATES: That he never knew he had been demoted. After an injury in the San Diego California National Guard unit and during surgery at Balboa Naval Hospital, he had already served 20 years in the US Army Reserve. He provides a partial response from the Department of Veterans Affairs to an application for service-connected disability compensation benefits and an Honorable Discharge Certificate, dated 12 December 1995.
EVIDENCE OF RECORD: The applicant's available military records show:
During the period 9 March 1963 to 9 March 1970 and 18 December 1973 to 17 December 1985, the applicant was a member of the California Army National Guard (CAARNG).
On 30 March 1989, he reenlisted in the CAARNG for 6 years in pay grade E-6.
On 29 May 1990, Orders 29-1, CAARNG reduced the applicant to sergeant, pay grade E-5 for inefficiency (absent without leave (AWOL)), under chapter 6, National Guard Regulation (NGR) 600-200.
On 12 July 1990, Orders 33-1, CAARNG reduced him to specialist, pay grade E-4 for inefficiency (AWOL), under chapter 6, NGR 600-200.
On 9 August 1990, Orders 8-1, CAARNG reduced him to private first class, pay grade E-3 for inefficiency (AWOL), under chapter 6, NGR 600-200.
During the period between 9 August and 7 November 1990, he was reduced to private, pay grade E-2.
As of 9 October 1990, his address was unknown and he did not respond to action notifications mailed to his last known address.
On 7 November 1990, he was discharged, with a characterization of general, under honorable conditions, from the CAARNG and reassigned to the USAR Control Group (Annual Training). His NGB Form 22 (Report of Separation and Record of Service) shows he had 4 years, 4 months and 22 days of obligated service remaining. Further, it shows that he had 1 year, 7 months and 8 days service this period, 18 years, 6 months and 1 day of Reserve component service, 6 months prior active federal service and total service for pay of 20 years, 7 months and 9 days
On 12 December 1995, he was honorably discharged from the USAR control Group in pay grade E-2.
This Board operates under the standard of presumption of regularity in governmental affairs. The standard states, in effect, that in the absence of evidence to the contrary, the Board must presume that all actions taken by the military were proper. There is nothing in the records or in the evidence submitted by the applicant that overcomes this presumption.
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. The evidence of record clearly shows that the applicant absented himself from his unit and was reduced in grade accordingly. There is no error or injustice.
2. The applicant has not shown to the satisfaction of the Board that he was injured at his CAARNG unit, that he had service-connected surgery at a naval hospital, that he was paid $5,000 for his disability by the CAARNG, or that he was properly excused from unit participation.
3. The evidence shows he was properly reduced and discharged from the ARNG and USAR. He has not shown otherwise.
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
5. 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
_rwa_____ __kyf___ _aao____ DENY APPLICATION
| CASE ID | AR2002066926 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020404 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 128 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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