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ARMY | BCMR | CY2008 | 20080001397
Original file (20080001397.txt) Auto-classification: Denied


RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  24 April 2008
	DOCKET NUMBER:  AR20080001397 


	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.


 

Director

 

Analyst

      The following members, a quorum, were present:


 

Chairperson

 

Member

 

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 reconsideration of his earlier request to correct his military records to show that he completed 20 qualifying years of service in order to qualify for non-regular retired pay.

2.  The applicant states, in effect, that he was willing to serve in the Reserve in 1992 but was informed he could retire with full benefits.  He therefore, decided to retire and operate his business.  Upon receipt of the Board's decision, he requested to continue drills and to finish his time to qualify for retired pay, but was informed that he could not because of his age.

3.  The applicant provides copies of the original Board proceedings, Chronological Statement of Retirement Points, and an article from the Army Times Newspaper.

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 AR20070005602, on 2 October 2007.

2.  The applicant provides new argument stating that he was willing to serve in the Reserve in 1992 but was informed that he had already qualified for a full retirement.  He further argues that he was wronged and should be granted a retirement with full benefits.  

DISCUSSION AND CONCLUSIONS:

1.  There is no corroborating evidence to support the applicant's contention that he was informed, or led to believe, that he had completed the service requirements for a non-regular retirement.  

2.  The applicant's argument that he was wronged and should be granted a retirement is not substantiated by any evidence of record.  The applicant has not provided any convincing evidence to support his contention.

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 the aforementioned requirement.
4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

_ x __  __x__  __x  __  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 AR20070005602, dated 2 October 2007.




      ________x______________
                CHAIRPERSON


ABCMR Record of Proceedings (cont)                                         AR20080001397



2


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508




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