RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060004520


      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. Edmund P. Mercanti            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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 23 January 2003 transfer from a United
States Army Reserve (USAR) unit to the USAR Control Group (Reinforcement)
due to his moving beyond commuting distance be revoked.

2.  In a second application, he states that his “Early release, placement
in the IRR, loss of military benefits, suspension of security clearance,
loss of position/job, denial of all favorable personnel actions to include
promotion, pay, leave privileges, loss of ½ months pay for 1 month,
training and points” was an error or injustice.

3.  The applicant states that commuting distance was never a problem for
him.  He was always present for duty.  In regards to his second
application, he states his request should be approved because “Lack of
jurisdiction.  Isolated incident.  Harsh punishment.  Previous 29+ yrs of
outstanding voluntary service and commitment to the US Military.  Irregular
Military Jurisprudence in the administration of the UCMJ.”

4.  The applicant provides excerpts from his military records; a post-trial
submission made by the applicant’s trial defense counsel (with attachments)
which contends, amongst other things, that the applicant had a “momentary
lapse of judgment when he visited the club and did not immediately dispose
of marijuana when it was handed to him”; and a statement made by the
applicant.

5.  In the statement submitted by the applicant, he charges that he was
discriminated against because of his race and color.  He explains that he
was accepted for an assignment to a USAR unit with the understanding that
he would attend drills for 5 to 10 or more consecutive days instead of
drill weekends because of his home of record.  He later accepted a tour of
active duty with his USAR unit, but when he reported for duty he was told
“we don’t want you here because you are a liar.”  The applicant lists
several members of his unit who resided beyond commuting distance who were
not transferred out of the unit.

CONSIDERATION OF EVIDENCE:

1.  The applicant’s military records show that, while assigned to a USAR
unit as an Individual Mobilization Augmentee (IMA), on 17 December 1990 he
was discharged under other than honorable conditions (UOTHC) for
misconduct, abuse of illegal drugs.

2.  The applicant applied to the Army Discharge Review Board (ADRB) on
20 September 1991.  The ADRB upgraded his discharge UOTHC to an honorable
discharge.

3.  On 28 May 1997, the ABCMR voided the applicant’s 17 December 1990
discharge, granted him 50 retirement points a year from the date of his
discharge, reinstated his rank, authorized him to execute an antedated
reenlistment, directed he be considered for promotion by any promotion
board which would have considered him if he had not been discharged, and
prohibited new separation action being taken based on his positive
urinalysis.

4.  Based on the ABCMR’s directive, the applicant executed an antedated
reenlistment into the USAR Control Group (IMA) dated 5 December 1992.

5.  The applicant was assigned to a USAR unit on 22 May 2000.

6.  On 3 October 2000, the applicant immediately reenlisted in the USAR
Control Group (IMA).

7.  On 31 October 2001, the applicant was transferred between units.

8.  On 6 December 2001, orders were issued ordering the applicant to 179
days of active duty with a reporting date of 6 January 2002.

9.  On 8 April 2002, the applicant was transferred between units.

10.  On 3 May 2002, orders were issued amending the applicant’s 179 day
active duty orders to read 269 days of active duty.

11.  On 15 October 2002, the applicant was honorably released from active
duty and transferred to the USAR Control Group (IMA).

12.  On 28 October 2002, the applicant was assigned to a USAR unit.

13.  On 15 February 2003, orders were issued transferring the applicant to
the USAR Control Group (Reinforcement) effective 23 January 2003 by reason
of his being beyond reasonable commuting distance (change of residence).

14.  The applicant was then reassigned from the USAR Control Group
(Reinforcement) to Forces Command on 26 March 2003, then to the 599th
Transportation Company, then to Headquarters and Headquarters Company, 7th
Army on 14 July 2003.
15.  The applicant’s records do not contain his Record of Trial.

16.  Army Regulation 135-91 provides for the involuntary transfer of USAR
unit members when they move beyond reasonable commuting distance from their
USAR unit.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records confirm that he was transferred from his USAR
unit to the USAR Control Group (Reinforcement) effective 23 January 2003 by
reason of his being beyond reasonable commuting distance (change of
residence).

2.  While the applicant has claimed that his command had agreed to allow
him to drill on 5 to 10 or more consecutive days because of his home of
record (distance from his home to his unit), there is no record of any such
agreement in his records.

3.  However, the applicant’s statement shows that he could not perform
regularly scheduled drills with his unit because of the distance between
his home and his unit.  Therefore, without evidence to the contrary, it
must be presumed that the applicant was properly transferred from his USAR
unit to the USAR Control Group (Reinforcement) due to his being beyond
reasonable commuting distance.

4.  The applicant has not submitted any documentation to show that his
transfer to the USAR Control Group (Reinforcement) was racially motivated.

5.  As for the second application, without the Record of Trial and allied
documents, there is insufficient evidence in which to consider this portion
of his request.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___pbf___  ___rch__  ____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 for correction of the
records of the individual concerned.





                                  _________John T. Meixell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004520                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]