IN THE CASE OF:
BOARD DATE: 12 February 2009
DOCKET NUMBER: AR20080016377
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests, in effect, reconsideration of his previous request to change his Reentry (RE) Code, and the reason and authority for his discharge and to have the reason and authority and the characterization listed on his NGB Form 22 (National Guard Bureau Report of Separation and Discharge) changed to match his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states, in effect, that he was never required to register as a sex offender in New Jersey. It took him and his attorney until September 2007 to get a statement from the State of New Jersey. If he had this statement, he never would have been charged at Fort Stewart, Georgia. He states that the Board only assumed that he had been treated properly at Fort Stewart.
3. The applicant provides, in support of his case, a copy of a letter from the Middlesex County Prosecutor's office in New Jersey stating that he has never been required to register as a sex offender in New Jersey under the provisions of Megan's Law. He also submits an unsigned letter from a sergeant major to the effect that the applicant was a good Soldier and a leader while he was in a hold status prior to discharge.
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 AR20080005382, on 5 June 2008.
2. The applicant, a mobilized Army National Guard Soldier, was separated from active duty, on 13 December 2003, with an honorable discharge due to commission of a serious offense. Aside from a 21 October 2003 memorandum that shows he had been advised by counsel of the proposed action to separate him due to the commission of a serious offense and that he waived his rights and elected not to make a statement in his own behalf, there is no additional information available relating to his separation process.
3. On 13 December 2003, he was separated from the Florida Army National Guard (FLARNG) under the provisions of National Guard Regulation 600-200 paragraph 8-26e(1) due to conviction by a civil court with an under other than honorable conditions discharge. There is no further information available relating to this separation action.
4. Army Regulation 15-185 (Army Board for Correction of Military Records), paragraph 2-9 (Burden of proof) states "The ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. "
DISCUSSION AND CONCLUSIONS:
1. The applicant states that if he had the documentation that he now has from New Jersey that shows he was not a registered sex offender he would not have been discharged. He also states that the Board only assumed his discharge action was correct.
2. Considering that the details of his separation action from active duty and his discharge from the FLARNG are not available, there is no evidence to show his status or non-status as a registered sex offender in New Jersey had any relationship to those two actions.
3. The applicant has established no basis for changing his narrative reason for separation or a basis for changing his RE code.
4. Army Regulation 15-185 requires that the Board presume administrative regularity. Therefore, the applicant must prove that an error or injustice has occurred, which he has not done.
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 AR20080005382, dated 5 June 2008.
_______ _ X_______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080016377
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ABCMR Record of Proceedings (cont) AR20080016377
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