SUPPLEMENTAL RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 2 August 2007
DOCKET NUMBER: AR20070010166
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. A quorum was present during the
further consideration and deliberation. The findings appearing in
proceedings dated 26 June 2007 were affirmed. The following additional
findings, conclusions, and recommendations were adopted by the Board.
| |Ms. Catherine C. Mitrano | |Director |
| |Mrs. Nancy L. Amos | |Analyst |
The Board convened at the call of the Director on the above date to
reconsider the conclusions and recommendation appearing in proceedings
dated26 June 2007.
| |Mr. Curtis L. Greenway | |Chairperson |
| |Mr. Robert W. Soniak | |Member |
| |Ms. Karmin S. Jenkins | |Member |
The Board considered the following additional evidence:
Exhibit C – (show the identifying data for the original Record of
Proceedings)
CONSIDERATION OF ADDITIONAL EVIDENCE:
15. On 19 July 2007, the Defense Finance and Accounting Service informed
the Board analyst that it could not be sure from the recommendation and
decision of the Army Board for Correction of Military Records (ABCMR) in
Docket Number AR20060011192 dated 13 March 2007 whether the ABCMR intended
for the applicant’s Specialist, E-4 rank and grade to be restored back to
his original E-4 date of rank or whether the ABCMR intended for him to be
placed on the Temporary Disability Retired List (TDRL) in the rank of E-4.
ADDITIONAL DISCUSSION AND CONCLUSIONS:
9. At the time of the decision of the ABCMR in Docket Number AR20060011192
dated 13 March 2007 it was the intent of the ABCMR to make the applicant’s
record as administratively correct as it should properly have been at the
time.
10. The ABCMR's decision in Docket Number AR20060011192 recommended that
the applicant’s two Article 15s, dated 26 July 2004 and 20 December 2004,
be set aside and that he be restored all rights and privileges he lost when
the punishments (which each included a reduction in one grade) from those
Article 15s were imposed. It was the intent of the ABCMR to ensure the
applicant’s rank and grade of Specialist, E-4 were restored back to his
original E-4 date of rank.
11. Just as it was the ABCMR’s intention to restore the applicant’s
Specialist, E-4 rank and grade back to his original E-4 date of rank,
with no intervening reductions in rank between that original date of rank
and his placement on the TDRL, it was the ABCMR’s intention that he be
placed on the TDRL and paid retired pay in the grade of E-4.
BOARD VOTE:
__clg___ __rws___ __ksj___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant
amendment of the decision of the Army Board for Correction of Military
Records set forth in Docket Number AR20060011192 dated 13 March 2007 to
show the subparagraphs in BOARD DETERMINATION/RECOMMENDATION read:
a. setting aside the two Article 15s, dated 26 July 2004 and 20
December 2004, and restoring to him all rights and privileges he lost when
the punishments from those Article 15s were imposed, to include restoring
his rank and grade of Specialist, E-4 back to his original E-4 date of
rank;
b. showing he was released from active duty in the rank and grade of
Specialist, E-4 on 19 July 2006 and placed on the TDRL the following day in
the rank and grade of Specialist, E-4, and issuing to him a corrected DD
Form 214 (Certificate of Release or Discharge from Active Duty) to show the
corrected rank, grade, and date of rank;
c. expunging from his Official Military Personnel File the two
Article 15s, dated 26 July 2004 and 20 December 2004; and
d. in accordance with Army Regulation 15-185, following completion of
the administrative corrections directed herein, this Record of Proceedings
and all documents related to this appeal be returned to this Board for
permanent filing.
__Curtis L. Greenway__
CHAIRPERSON
INDEX
|CASE ID |AR20070010166 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |20070802 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |GRANT |
|REVIEW AUTHORITY |Ms. Mitrano |
|ISSUES 1. |126.04 |
|2. | |
|3. | |
|4. | |
|5. | |
|6. | |
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