RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 27 July 2006
DOCKET NUMBER: AR20050016020
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. G. E. Vandenberg | |Analyst |
The following members, a quorum, were present:
| |Mr. John T. Meixell | |Chairperson |
| |Mr. Jeffrey C. Redmann | |Member |
| |Mr. Edward E. Montgomery | |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 a reconsideration of his application to be
granted a waiver of military education requirements and to have his file
referred to a special selection board (SSB).
2. The applicant states, in effect, that the reasons he could not complete
either the resident or non-resident portion of the Command and General
Staff Officer Course (CGSC) was due to the death of two of his adopted
sons, and his father.
3. The applicant provides a personal statement, a copy of the Board’s
prior action, and two funeral service notices for his sons.
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
AR20040002155, on 9 December 2004.
2. The documents provided by the applicant indicate that one of the
applicant’s sons passed away on 29 July 1997 and a second on 12 August
2001.
3. In his personal statement the applicant indicates he and his wife have
adopted 14 special needs children. With this many children, especially
special needs ones, he states that there is very little free time. He
indicates that in addition to the normal needs of these children, he had
additional mitigating factor of a long-term treatment for cancer for one
child. He states that this child ultimately died, as well as a second
child, and his father. He states that he was denied attendance at the
residency course because it was held on the same weekend as his normal
drill and he could not work around it due a lack of leave from his civilian
job and the needs of his children. The applicant indicates that he was
able to complete 50 percent of the correspondence course while he was
mobilized during Operation Enduring Freedom (January 2003 – January 2004).
DISCUSSION AND CONCLUSIONS:
1. The applicant's personal problems undoubtedly would have had a
significant negative impact on his life. However, as noted in the original
case, he had not even started the correspondence course until after the
convening of the second promotion board in 2002.
2. 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
_EEM___ __JCR___ _JTM___ 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 AR20040002155, dated 9 December 2004.
_ _John T. Meixell______
CHAIRPERSON
INDEX
|CASE ID |AR20050016020 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20060727 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION | |
|REVIEW AUTHORITY | |
|ISSUES 1. |131 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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