RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 11 August 2005
DOCKET NUMBER: AR20040009629
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. Robert J. McGowan | |Analyst |
The following members, a quorum, were present:
| |Mr. John Slone | |Chairperson |
| |Ms. Deborah Jacobs | |Member |
| |Mr. Michael J. Flynn | |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 reconsideration of his earlier request to the
Army Board for Correction of Military Records (ABCMR) to execute an
antedated reenlistment contract with the Army National Guard (ARNG), with a
date of reenlistment of 27 May 2000.
2. The applicant states he does not have a copy of his reenlistment
contract, but he provides evidence to show he served in the ARNG.
3. The applicant provides a partial copy of an unverifiable DA Form 2-1
(Personnel Qualification Record). The document purports to show:
a. Service in the New York ARNG from 27 May 1994 to 1 February 1996.
b. ARNG rank starting as Sergeant (SGT/E-5) from 27 May 1994 to
Specialist (SPC/E-4) from 30 October 1995, to Private First Class (PFC/E-3)
from 18 December 1995 to Private (PV2/E-2) from 19 December 1995.
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
AR2003098599, on 5 August 2004.
2. The applicant's new evidence provides information previously available
to the Board. The applicant previously submitted an automated separation
document from the New York ARNG which established ARNG service from 27 May
1994 to 1 February 1996. This document shows the applicant was separated
with a general, under honorable conditions discharge, not a fully honorable
discharge, and he served in the Inactive National Guard (ING) from 1
November 1995 to 31 January 1996.
3. The applicant's New York ARNG service is not adequately documented in
the record. It is apparent from the steady succession of reductions in
grade, and from the less than fully honorable discharge, that his service
was marred by disciplinary problems. It is also apparent from a review of
his retirement point summary that none of his service was creditable for
retired pay purposes.
DISCUSSION AND CONCLUSIONS:
1. The applicant's new evidence is not germane to the central issue of
this case; it merely synopsizes facts already known to the Board.
2. The applicant entered the New York ARNG on 27 May 1994, but was not a
satisfactory participant and was separated with a general discharge on
1 February 1996 with no creditable service and a documented transfer to the
ING on 1 November 1995.
3. For the sake of argument, even if the applicant had executed an
enlistment in the New York ARNG on 27 May 1994, that period of service was
not creditable and ended under less than auspicious circumstances. There
is no valid reason to grant the applicant an antedated enlistment to 27 May
2000.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__js____ __dj____ __mjf___ 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 AR2003098599, dated 5 August 2004.
John Slone
______________________
CHAIRPERSON
INDEX
|CASE ID |AR20040009629 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050811 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |112.0000 |
|2. |128.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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