RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            09 MARCH 2006
      DOCKET NUMBER:   AR20050006087


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Richard Dunbar                |     |Chairperson          |
|     |Ms. Jeanette McPherson            |     |Member               |
|     |Mr. David Tucker                  |     |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 that his Physical Profile (DA Form 3349) and his
discharge from the Alabama Army National Guard (ALARNG) be voided and that
he be reinstated to the ALARNG.

2.  The applicant states, in effect, that he received a Physical Profile on
19 November 2003 and his case was reviewed by a Physical Evaluation Board
(PEB) on 8 December 2003 that found him fit for duty.  However, a
Qualitative Retention Board (QRB) did not recommend him for retention and
he was unjustly discharged from the ALARNG.  He further states that based
on the findings of the PEB, he should have been retained in the ALARNG.  He
goes on to state that at the time of his discharge he was the next eligible
person to be promoted to the pay grade of E-6.  However, subsequent to his
discharge, two other Soldiers who were under him on the promotion standing
list were promoted to the pay grade of E-6.  He also states that he has
served 25 faithful years to his country and that he has many more years of
good service to contribute, if he is allowed to do so.  He continues by
stating that the policy of not retaining a Soldier who is non-deployable is
discriminatory and should be countermanded.

3.  The applicant provides a copy of his profile, the PEB Proceedings, and
a copy of his notification of Non-selection for Continued Unit
Participation.

CONSIDERATION OF EVIDENCE:

1.  After serving 10 years, 4 months, and 16 days of total active service
and 3 years, 4 months and 7 days of inactive service, the applicant was
honorably released from active duty (REFRAD) in the Air Force in the pay
grade of E-5 on 1 July 1992 and was transferred to the ALARNG.  At the time
of his REFRAD he elected the Special Separation Benefit (SSB) and received
$27,576.36 in benefit payments.  As a condition of receiving the SSB
payment, he was required to serve in a Reserve Component for 3 years.  He
remained in the ALARNG through continuous reenlistments.

2.  On 1 November 2000, he was issued a Notification of Eligibility for
Retired Pay at Age 60 (20-year letter).

3.  On 19 November 2003, the applicant was issued a permanent Physical
Profile of 311221.  The assignment limitations associated with that profile
specified that he was not to be assigned to areas where a continuous diet
of combat rations is required.

4.  On 8 December 2003, a PEB conducted at Fort Sam Houston, Texas,
determined that the applicant was fit, that his diabetes was well
controlled, that he had no profile restrictions that would preclude his
retention, and that he had excellent chain of command support for retention
in his primary military occupational specialty (PMOS).  The PEB recommended
that he be referred for case disposition under Reserve Component
Regulations.

5.  On 26 April 2004, the Adjutant General of the ALARNG dispatched a
memorandum through the chain of command to the applicant informing him that
he had not been selected for retention in the ALARNG by the QRB and that he
was required to be discharged no later than 26 June 2004.  Meanwhile, on
5 June 2004, the applicant’s company commander dispatched a note requesting
that the QRB reconsider its decision.

6.  On 26 June 2004, the applicant was discharged from the ALARNG and was
transferred to the United States Army Reserve (USAR) Control Group
(Retired).  The authority for his discharge was National Guard Regulation
600-200, paragraph 8-27a.

7.  National Guard Regulation 600-200, Enlisted Personnel Management,
provides, in pertinent part, that Soldiers not recommended for retention by
a QRB will be involuntarily discharged or transferred to the USAR Control
Group (Reinforcement) or (Retired) if they so elect and are eligible.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions and supporting documents have been noted;
however, he has failed to show through the evidence submitted with his
application and the evidence of record that he was improperly issued a
physical profile and that he was unjustly non-selected for retention by a
QRB.

2.  Accordingly, it appears that his profile was properly issued and that
he was properly considered for retention by a QRB.  While it is unfortunate
that he was not selected for retention by the QRB, he has failed to provide
sufficient evidence to indicate that he was improperly considered and non-
selected by a QRB or that he was improperly discharged from the ALARNG.

3.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RD __  ___JM __  ___DT __  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 for correction of the
records of the individual concerned.





                                  _____Richard Dunbar______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006087                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060309                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20040626                                |
|DISCHARGE AUTHORITY     |NGR 600-200, Para 8-27a                 |
|DISCHARGE REASON        |QRB Non-Select for Retention            |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |192/REINSTATE                           |
|1.110.0300              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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