RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 22 September 2005
DOCKET NUMBER: AR20050002903
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. Joseph A. Adriance | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Bernard P. Ingold | |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, in effect, reconsideration of his request for
reinstatement to an active status in the Kansas Army National Guard
(KSARNG).
2. The applicant states, in effect, on 22 March 2003, he rescinded his
retirement of 31 March 2003. He states he has been talking to the News
Media, and wishes to volunteer to continue his service in the Army.
3. The applicant provides a self-authored statement, letter of
appreciation, and letters from two members of his unit in support of his
application.
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
AR2004102948, on 30 November 2004.
2. During its original deliberations, the Board found insufficient
evidence to support the applicant’s contention that he was forced to
request transfer to the Retired Reserve. It further found the applicant
submitted evidence showing he was scheduled for a drug board in January
2003 if his request to retire was not being processed. However, this
illustrated only that it was his choice whether to retire or face the
board.
3. The applicant now argues that he requested to cancel his transfer to
the Retired Reserve on 22 March 2003, before the scheduled date this
transfer, which was between 30 March and 4 April 2003. The applicant
provides a memorandum, dated 13 April 2004, from the unit Personnel Staff
Noncommissioned Officer (PSNCO). The PSNCO states the applicant was not
contacted by a Judge Advocate General (JAG) representative until 8 April
2003. However, he does not explain on what matter this contact was based.
4. The applicant also provides a hand-written letter of appreciation from
a brigadier general (BG), dated 9 October 2004, in which the applicant was
congratulated for his service to the troops during a War Fighter exercise.
He also provides a letter from a sergeant who attested to the fact the
applicant performed his duties in a professional manner.
DISCUSSION AND CONCLUSIONS:
1. The applicant’s reconsideration request for reinstatement and the
supporting documents he submitted were carefully considered. However, the
new evidence and argument provided by the applicant is not sufficiently
mitigating to support amendment of the original Board decision in his case.
However, the evidence of record confirms he voluntarily requested transfer
to the Retired Reserve. The fact he later decided to withdraw this request
did not compel KSARNG officials to approve his continued service, and there
is no evidence his withdrawal request was approved by the proper authority.
2. As the applicant was informed in the original Board decisional
document, 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 any new evidence or argument that would
satisfy this requirement. As a result, there is an insufficient
evidentiary basis to support amending the original Board decision.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___JEA _ __BPI ___ ___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 AR2004102948, on 30 November 2004.
____James E. Anderholm____
CHAIRPERSON
INDEX
|CASE ID |AR20050002903 |
|SUFFIX | |
|RECON |AR2004202948 / 2004/11/30 |
|DATE BOARDED |2005/09/22 |
|TYPE OF DISCHARGE |HD |
|DATE OF DISCHARGE |2003/04/05 |
|DISCHARGE AUTHORITY |NGR 600-200 |
|DISCHARGE REASON |Retired Reserve |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY |Mr. Chun |
|ISSUES 1. 189 |110.0000 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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