RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 September 2005
DOCKET NUMBER: AR20040010142
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. W. W. Osborn, Jr. | |Analyst |
The following members, a quorum, were present:
| |Mr. Ronald E. Blakely | |Chairperson |
| |Mr. Lawrence Foster | |Member |
| |Ms. LaVerne M. Douglas | |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, in effect, that his records be corrected to
show that he was discharged from the Army National Guard and as a Reserve
of the Army in pay grade E-4 and that his military occupational specialty
(MOS) was 95B10, Military Police.
2. The applicant states, in effect, that his NGB Form 22E (Report of
Separation and Record of Service) and discharge orders show his rank and
pay grade as private (E-3) when, in fact, he had been advanced to
specialist (E-4) on 10 April 2001.
3. The applicant provides copies of his discharge orders, DA Form 4187
(Personnel Action) showing advancement to specialist (E-4), various records
of MOS training and testing, leave and earning statements and
correspondence and pay computation forms from the Defense Finance and
Accounting Service (DFAS).
CONSIDERATION OF EVIDENCE:
1. The applicant had prior active duty and reserve service totaling about
5½ years when he enlisted in the California Army National Guard on 28
August 1999 for training in MOS 95B10.
2. A DD Form 1059 (Academic Evaluation Report) shows successful completion
of a 2 week school, MOS 95B10 Phase II Basic Military Police on 26 August
2000.
3. A DA Form 4187 shows the applicant was advanced to specialist (E-4)
with a date of rank and effective date of 10 April 2001.
4. The California Adjutant General issued 13 December 2002 discharge
orders showing the applicant was discharged on 25 August 2002 in pay grade
E-3.
5. The applicant's NGB Form 22E provides the same discharge date and rank
and shows "None" in item 12 (Military Education) and item 13 (Primary
Specialty Number).
6. Correspondence and computation sheets from the DFAS show that in
October 2004 the applicant's pay was recomputed using pay grade E-4 and an
effective date of 10 April 2002. He was mailed a check for the resulting
back pay and cautioned to not cash it but to contact DFAS if he did not
agree with the amount.
DISCUSSION AND CONCLUSIONS:
1. The applicant attended a formal school for training in MOS 9510.
Although there is no available documentation to show that the MOS was
awarded it should have been.
2. The applicant's records should be corrected to show that his rank and
pay grade were specialist (E-4) and that the date of rank and effective
date were 10 April 2002. His 2 weeks military education completed on 26
August 2000 and MOS of 95B10 (Military Police) should be shown on his NGB
Form 22E.
3. The Board does not have the authority to compel the various State
adjutants general to correct records but experience has shown that needed
corrections are generally executed by the states when the need is
demonstrated by the Board.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
__REB __ __LF ___ __LMD__ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to
warrant a recommendation for relief. As a result, the Board recommends
that all Department of the Army records of the individual concerned be
corrected by showing that he was separated as a Reserve of the Army in the
rank and pay grade of specialist (E-4) with a date of rank of 10 April
2002.
2. The California Adjutant General should be asked to correct the
applicant's NGB Form 22E and his discharge orders to show that his rank and
pay grade were specialist (E-4), that his date of rank was 10 April 2002,
that he completed military education course 95B10 Phase II, Basic Military
Police on 26 August 2000 and that military occupational specialty 95B10
(Military Police) was awarded on 26 August 2000.
3. The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief. As a result,
the Board recommends denial of so much of the application that pertains to
any request in excess of the above be denied.
_ Ronald E. Blakely________
CHAIRPERSON
INDEX
|CASE ID |AR20040010142 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20050927 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT PART |
|REVIEW AUTHORITY | |
|ISSUES 1. |131.00 |
|2. |100.07 |
|3. | |
|4. | |
|5. | |
|6. | |
-----------------------
[pic]
ARMY | BCMR | CY2015 | 20150001227
The applicant requests credit of membership retirement points and transfer to the Retired Reserve. The applicant provides: * Standard Form 180 (Request Pertaining to Military Records) * National Guard Bureau (NGB) Form 22E (Report of Separation and Record of Service) * State of California, Office of the Adjutant General Orders 74-048, dated 15 March 1999 * U.S. Army Reserve Personnel Command (ARPC) Orders D-08-139049, dated 21 August 2001 * U.S. Total Army Personnel Command memorandum,...
ARMY | BCMR | CY2009 | 20090016282
The applicant states the following: a. he was not afforded due process when he was medically retired from the Army National Guard (ARNG) and placed on the "Permanent Disability Retired List" without being processed through the PDES; b. he twice forwarded his discharge orders, National Guard Bureau (NGB) Form 22E (Report of Separation and Record of Service), NGB Form 23B (Army National Guard (ARNG) Retirement Points History Statement), DD Form 108 (Application for Retired Pay Benefits), and...
ARMY | DRB | CY2006 | AR20060007746
Soldiers Overall Record DOB: 741221 Current ENL Date: 930423 Current ENL Term: 6 Years 11 months/24 days Current ENL Service: 07 Yrs, 04 Mos, 17 Days ????? Therefore, the reason for discharge and the characterization of service were both proper and equitable. Certification Signature and Date Approval Authority: MARK E. COLLINS Colonel, U.S. Army President, Army Discharge Review Board Official: MARY E. SHAW DATE: 12 April 2007 Lieutenant Colonel, U.S. Army Chief, Secretary Recorder ARMY...
ARMY | BCMR | CY2004 | 20040011499C070208
On 5 April 2003, the applicant signed a California ARNG Form 600-2R (Request for Discharge of Enlisted Members). The applicant did not complete his 3-year enlistment in the ARNG and the evidence of record indicates it was for personal reasons and not because his unit had inactivated. The available evidence of record shows the applicant was indicating as early as February 2003, 7 months prior to the date his unit inactivated, that he no longer wished to serve with the ARNG.
ARMY | BCMR | CY2005 | 20050014639C070206
An ROTC Cadet Command Form 131-R (Cadet Action Request) was prepared on 8 March 2002 requesting the applicant be given a waiver for civil conviction. An NGB memorandum dated 10 November 2005 indicates she was granted a civil conviction waiver, apparently for appointment as an officer. During the applicant’s disenrollment board, the recorder noted the applicant had the responsibility for personally initiating any request for waiver of enrollment eligibility requirements.
ARMY | BCMR | CY2004 | 20040002729C070208
The applicant states that she completed 18 years and 5 months of qualifying service, most recently with the California Army National Guard (CAARNG). Her Army National Guard (ARNG) Retirement Points History Statement prepared on 13 February 2002 showing 18 years, 5 months, and 21 days of creditable service for retired pay. d. Discharging her from the CAARNG and transferring her to the USAR Retired Reserve effective 5 January 2003. e. Issuing her a 20-year letter certifying her eligibility...
ARMY | BCMR | CY2009 | 20090002423
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Action Badge. Records show the applicant qualified for award of the Overseas Service Ribbon for completion of a 12-month, dependent-restricted overseas service tour in Iraq in support of Operation Iraqi Freedom from 17 February 2004 through 28 February 2005. As a result, the Board recommends that all State Army National Guard and Department of the Army...
ARMY | BCMR | CY2009 | 20090001471
Headquarters, National Guard Bureau, Special Orders Number 165 AR, dated 22 September 2000, transferred the applicant from the U.S. Army Reserve to 670th Military Police Company (CAARNG) with an effective date of 13 December 1998. Further, this memorandum stated the effective date of promotion to captain could be 12 December 2005, or the date Federal recognition is extended to captain by the National Guard Bureau, or the date following the termination of Federal recognition in his current...
ARMY | BCMR | CY2008 | 20080019714
The applicant provides a self-authored letter, dated 2 December 2008; State of New Mexico, Department of Military Affairs, Military Division, Santa Fe, New Mexico (NM), Orders 124-004, dated 3 May 2000; nine DFAS Forms 702 (Defense Finance and Accounting Service (DFAS) Military Leave and Earnings Statements (LES)) for the months of March, April, May, June, and July 2001 and January, February, March, and May 2002; DA Form 2166-8 (NCO Evaluation Report) for the period August 2001 through March...
ARMY | BCMR | CY2006 | AR20060017796C071029
Proceedings of a Federal Recognition Examining Board (NGB Form 89) were approved by the appropriate authority on 20 January 2005, for the applicant to be promoted to captain, in an authorized position (specifically, a unit vacancy promotion). The Chief, Personnel Division indicates that the NGB, Chief Surgeon Division stated that the applicant's initial Federal recognition request from the CAARNG erroneously appointed him as an O1 and that the 5074-1-R, dated 22 June 2000, was approved...