SUPPLEMENTAL RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 APRIL 2004
DOCKET NUMBER: AR2003094124
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. A quorum was present during the
further consideration and deliberation. The findings appearing in
proceedings dated
13 February 2003 were affirmed. The following additional findings,
conclusions, and recommendations were adopted by the Board.
| |Mr. Carl W. S. Chun | |Director |
| |Ms. Deborah L. Brantley | |Senior Analyst |
The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated
13 February 2003.
| |Mr. James C. Hise | |Chairperson |
| |Ms. Linda D. Simmons | |Member |
| |Mr. Frank C. Jones II | |Member |
The applicant and counsel, if any, did not appear before the Board.
The Board considered the following additional evidence:
Exhibit C – (show the identifying data for the original Record of
Proceedings)
CONSIDERATION OF ADDITIONAL EVIDENCE:
13. On 6 August 2003 new information was received from the applicant in
regard to the decision of the Army Board for Correction of Military Records
(ABCMR) in Docket Number AR2002076094, dated 13 February 2003.
14. The evidence submitted consists of a statement by the applicant that
his civil charge for vandalism was dismissed in settlement on 30 March 1993
and not in 2002 as the Board concluded in its original deliberations. He
submitted a copy of the court action in support of his statement.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
6. At the time of the decision of the ABCMR in Docket Number AR2002076094,
dated 13 February 2003, it was the intent of the ABCMR to make the
applicant’s record as administratively correct as it should properly have
been at the time.
7. The ABCMR's decision in Docket Number AR2002076094, erroneously
concluded that the applicant’s civil charge was dismissed in 2002 when in
actuality it was dismissed on 30 March 1993 as the applicant indicated.
The 2002 date was the date the state expunged his record.
BOARD VOTE:
__JCH __ __LDS __ __FCJ___ GRANT RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
3. The Board determined that the evidence presented was sufficient to
warrant amendment of the decision of the Army Board for Correction of
Military Records set forth in Docket Number AR2002076094, dated 13 February
2003, to show that the vandalism charge was “dismissed in settlement on 30
March 1993” vice “dismissed in settlement in 2002” as was previously
directed.
____James C. Hise ______
CHAIRPERSON
INDEX
|CASE ID |AR2003094124 |
|SUFFIX | |
|RECON |YYYYMMDD |
|DATE BOARDED |20040422 |
|TYPE OF DISCHARGE |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
|DATE OF DISCHARGE |YYYYMMDD |
|DISCHARGE AUTHORITY |AR . . . . . |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY | |
|ISSUES 1. |110.00 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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