IN THE CASE OF:	  

		BOARD DATE:	        21 January 2009

		DOCKET NUMBER:  AR20080018814 


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 correction of his records to show he is authorized continuous aviation career incentive pay (ACIP) instead of conditional ACIP. 

2.  The applicant states that he met the requirements of Army Regulation 
600-105 (Aviation Service of Rated Army Officers) for continuous ACIP, which is pay authorized to aviators, regardless of current duty assignment, continuous by each month, who meet the operational flying requirements.

3.  The applicant provides the following additional documentary evidence in support of his request:

	a.  Self-authored statement, dated 24 October 2008; 

	b.  Permanent Orders Number W01890030, issued by U.S. Army Human Resources Command (HRC), St. Louis, Missouri (MO), on 22 January 2008, and Permanent Orders Number W01890054, issued on 31 January 2008; 

	c.  Orders 92-20, dated 11 May 1983; Orders 74-22, dated 18 April 1988; Orders 42-2, dated 8 March 1984; Orders 163-21, dated 25 August 1994; Orders 108-27, dated 18 April 1997; Orders 227-67, dated 15 August 1997; Orders    227-68, dated 15 August 1997; and Orders 26-557, dated 26 January 1998, all issued by the California Army National Guard (CAARNG), Sacramento, CA; 

	d.  Total Operational Flying Duty Credit (TOFDC) Worksheet, dated 30 January 2008; 
	e.  Request for Designation as Senior/Master Aviator or Flight Surgeon, dated 31 January 1995; 

	f.  Orders 35-8, issued by the National Guard Bureau (NGB), dated 8 August 1995; 

	g.  Memorandum, dated 4 January 2008, CAARNG Director of Army Aviation and Safety; 

	h.  DA Form 759 (Individual Flight Record and Flight Certification-Army), dated 4 January 2008; 

	i.  Memorandum, dated 18 December 2007, from CAARNG to the applicant; 

	j.  Undated/unsigned memorandum from the applicant’s former supervisor; and

	k.  Copies of the applicant’s DA Form 67-8 (Officer Evaluation Report (OER)), for the periods 2 November 1991 to 28 May 1991 and 29 May 1991 to 28 May 1992. 

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he initially enlisted in the CAARNG on 11 April 1975.  He subsequently entered active duty for training (ADT) on 29 August 1975, completed basic combat and advanced individual training, and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was honorably released from active duty to the control of his ARNG unit on 14 December 1975.

2.  The applicant’s records further show he extended his enlistment in the CAARNG by one year and was honorably discharged in the rank of specialist six (SP6)/E-6  on 14 August 1981 for the purpose of accepting a commission.

3.  The applicant’s records also show he was appointed as a communications-electronics (CE) second lieutenant in the Ordnance Corps of the CAARNG and executed an oath of office on 15 August 1981.  He subsequently entered active duty on 30 January 1982 and completed the Ordnance Officer Basic Course.  He was released from active duty on 21 June 1982. 

4.  On 9 May 1983, the NGB extended the applicant Federal Recognition for a branch transfer into the Aviation Branch.  He subsequently entered active duty on 11 July 1983 and completed the 34-week Rotary Wing Aviator Course.  He was awarded specialty 67J (Aeromedical Evacuation) and was honorably released from active duty on 8 April 1984.  He was assigned to the 126th Medical Company, Mather Air Force Base (AFB), CA, and was promoted to first lieutenant on 14 August 1984 and captain on 26 October 1987.

5.  On 21 November 1990, the applicant was ordered to active duty in support of Operations Desert Shield/Storm.  He was honorably released from active duty on 8 July 1991. 

6.  On 10 August 1991, he again entered active duty in an active duty for special work (ADSW) status.  He was honorably released from ADSW to the control of his ARNG unit on 30 September 1993. 

7.  On 2 February 1994, the applicant was honorably discharged from the CAARNG in the rank of captain for the purpose of accepting appointment as a warrant officer.

8.  On 3 February 1994, the applicant was appointed as a chief warrant officer two (CW2) in the CAARNG.  He executed an oath of office on the same date and was assigned as an aviation maintenance technician (153B) to the 126th Medical Company at Mather AFB.

9.  On 10 August 1994, the applicant was attached to Team FB, 175th Medical Brigade, Sacramento, CA, as an aviation maintenance technician.  He remained attached to this unit until 1 December 1996, when he was transferred back to the 126th Medical Company, CAARNG, as an aeromedical evacuation aviation officer.  

10.  The applicant’s records show he served as a medical officer in Panama from 3 January 1996 to 16 June 1996.  He was assigned as a member of Joint Task Force Eureka-Panama. 

11.  On 1 September 1997, the applicant was released from his position as an aeromedical evacuation pilot and was transferred to an overstrength position with Company B, 2nd Battalion, 104th Aviation, CAARNG. 

12.  On 1 January 1998, the applicant was honorably released from the ARNG and was transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  

13.  On 5 December 2007, the applicant submitted a request for reentry into the aviation service.  He subsequently entered active duty and conducted several periods of temporary duty (TDY) and also completed the UH-60 Helicopter Aviation Qualification Course.  

14.  On 25 November 2007, the applicant was ordered to active duty in support of Operation Iraqi Freedom.  He subsequently served in Iraq as a UH-60 Helicopter Pilot from 22 March 2008 to 7 December 2008 and was promoted to chief warrant officer three (CW3) on 5 August 2008.  He was honorably released from active duty and transferred to the USAR Control Group on 28 December 2008.

15.  In conjunction with his reentry into aviation service, the applicant appears to have requested calculation of his TOFDC.  This is the cumulative number of months of flying performed under competent orders by rated or designated members while serving in an assignment in which basic flying skills normally are maintained while performing assigned duties and flying performed by members in training that leads to the award of an aeronautical rating or designation.

16.  On 4 January 2008, by memorandum, the CAARNG Director of Aviation and Safety indicated that the CAARNG Aviation Office reconstructed the applicant’s individual flight record (DA Form 759) through the most accurate means available.  The Director also indicated that the only official document available to his office was a request for designation as a senior Army aviator, dated 31 January 1995.  Based on this document, the CAARNG Aviation office indicated that it was able to verify with certainty that as of 9 September 1993, the applicant had 1080 hours of military rotary wing flight time and 1780 hours of civilian rotary wings flight time.  That Director also indicated that it is likely the applicant’s actual flight time far exceeds these numbers and that if the applicant provides additional official documentation, his office would consider it.  Accordingly, a DA Form 759 was issued showing 2,860 hours of total flight time.

17.  On 22 January 2008, HRC-St. Louis, MO, published Orders Number W01890030 authorizing the applicant to perform aviation service with entitlement to ACIP effective 14 January 2008, in accordance with Army Regulation 600-105 (Aviation Service of Rated Army Officers)
 
18.  On 30 January 2008, a complete audit of the applicant’s TOFDC was conducted in conjunction with his 18-year gate as outlined in paragraph 3-4, Army Regulation  600-105 using the applicant’s official documents, including available OERs and DA Forms 1059 (Service Schools Academic Evaluation Reports).  The audit indicated that the applicant earned 119 months of TOFDC and therefore, did not meet his 18-year gate, and would not be entitled to receive continuous ACIP after 10 July 2001.  The TOFDC worksheet shows the applicant’s aviation service entry date (ASED) as 10 July 1983 and his TOFDC is effective 15 August 1981.  The worksheet further shows the 18-year gate criteria for award of continuous ACIP ending on 10 July 2001 and requiring 120 months of TOFDC for continuous ACIP to 22 years of total Federal officer service (TFOS) and 144 months of TOFDC for continuous ACIP to 25 years of TFOS.
19.  On 31 January 2008, HRC-St. Louis, MO, published Orders Number W01890054 authorizing the applicant to perform aviation service with entitlement to ACIP.  The Orders further show the applicant was credited with 119 months TODC as of 10 July 2001 and that he failed the 18-year gate.  

20.  In his self-authored statement, dated 24 October 2008, the applicant requests that his conditional ACIP orders be corrected to continuous ACIP and that due to the loss of his 15 years worth of flight records by the CAARNG, an 18 year gate audit was conducted and based on this audit, it was determined that he did not meet the criteria for the continuous ACIP.  He further presents the following argument:

	a.  His military career with the CAARNG started in 1983 and ended in 1998 and that he is entitled to 15 years worth of TOFDC minus the 6-month deployment to Panama.  He further lists his assignments during that period; 

	b.  After reviewing the TOFDC worksheet, he is confident that he has always completed and/or exceeded flight requirements and Annual Aviator Proficiency and Readiness Test (AAPART) for every year of his Army flying career.  He was never required to submit for a waiver or complete any refresher training and there has never been a Flight Evaluation Board (FEB) or adverse action taken against him; 

	c.  He contacted the CAARNG State Aviation Office (SAO) for assistance and they could only locate one document awarding him designation as a senior/
master Army aviator with 123 months of TOFDC credit as of 9 September 1993.  Based on that and the months after September 1993, he would have received 161 months of TOFDC, which is enough for continuous ACIP.  However, HRC states that this designation document is not a true and verifiable accounting of TOFDC for his gate credit because the only two agencies that are authorized to determine TOFDC are the NGB and HRC;

	d.  The Director of Army Aviation, CAARNG, reconstructed the flight record and conducted a survey of his past commanders and platoon leaders and he also contacted his prior senior rater and the State Aviation safety Officer.  In each case, everyone provided positive feedback on his behalf; 

	e.  It appears that HRC used past OERs to validate TOFDC; however, there are almost 24 months of missing OERs (from December 1988 to November 1990).  During this time, he served with the 126th Medical Company.  Furthermore, he served in Southwest Asia during Operations Desert Shield/Storm as an aviation maintenance platoon leader which was an aviator position.  Yet, he was not credited for this period even though his OER clearly states that “he was also on the medevac crew roster.”  Additionally, he was not credited with TOFDC for the period 29 May 1991 to 28 May 1992 even though his OER for that period clearly states that he was an excellent aviator and could easily function as an instructor pilot or maintenance test pilot; 

	f.  The TOFDC is inaccurate and adversely affects his career, robbing him of benefits and entitlements.  He requests the TOFDC worksheet be corrected to entitle him to continuous ACIP.  

21.  The applicant also submitted a statement by the former State Aviation Safety Officer and standardization flight instructor for the CAARNG.  He states that he has known the applicant throughout his (the applicant’s) 15-year service in the CAARNG and was his Senior Rater the majority of that period and that he reviewed the TOFDC worksheet and can attest that this worksheet is inaccurate. He also states that from the time the applicant returned from flight school in 1984 to the time he was transferred to the Individual Ready Reserve (IRR) in 1998, he was always assigned to an aviation position and always completed and/or exceeded all annual aviation requirements.  Specifically, the State Aviation Safety Officer mentions the applicant’s OER for the period from 21 November 1990 through 28 May 1991, during deployment to Southwest Asia where the applicant was not credited with TOFDC.  He also cited the OER for the period from 3 January 1996 through 16 June 1996 where the applicant was assigned as a medical service officer in Panama and yet, he still returned home and completed AAPART requirements and even though he did not perform aviation duties in Panama, he was still assigned to an aviation position and completed all aviator requirements for the year.  He concludes that the applicant should be credited with 177 TOFDC with continuous ACIP orders.

22.  Army Regulation 600-105 covers the aviation service policies of rated Army officers and flight surgeons.  It states in pertinent part, that an aeronautical rating certifies successful completion of prescribed aviation or aviation medicine training.  Before an officer may fly and be entitled to ACIP, he or she must be qualified for aviation service.  This will be authorized in the aeronautical order awarding the rating.  Paragraph 3-1 of this regulation states that the following officers are considered in aviation service:

	a.  Commissioned officer aviators who maintain a pilot status code (PSC) of 1 and hold a basic branch code (BC) 15 (Aviation) or area of concentration (AOC) of 67J (Medical Service Corps).

	b.  Commissioned Medical Corps officers who maintain an AOC of 61N (MEDMOS 1, 2, or 3) and have been placed on operational flight status by the Commander, HRC-Alexandria; the Surgeon General; Commander, HRC-St. Louis; or Chief of the NGB.  

	c.  Warrant officer and commissioned warrant officer aviators who maintain a PSC of 1 and primary military occupational specialty (PMOS) 152B through 156A.

	d.  All commissioned or WO aviators not on extended active duty who maintain PSC 1 and have an aviation specialty of 15, 67J, or MOS 152–156, and who are assigned to and performing operational flying duty (except Individual Ready Reserve (IRR)) or assigned to a rated position in the RC or considered by components (active or reserve) as part of their rated inventory, each of whom, within the preceding 24 months, were rated officers on active duty or assigned to rated positions.

	e.  Flight surgeons are rated officers but are not included in the rated inventory.

23.  Aviation service orders will remain in effect for an officer’s entire aviation career unless terminated.  All aviators and flight surgeons, whether or not assigned to operational flying duty positions, must meet class 2 medical fitness standards for aviators and class 2F medical fitness standards for flight surgeons for flying duty in accordance with Army Regulation 40–501 (Standards of Medical Fitness), and be issued a medical clearance on DA Form 4186 (Medical Recommendation for Flying Duty).  Flight surgeons who resigned from aviation service under the provisions of Army Regulation 616–110 (Selection, Training, Utilization, and Career Guidance for Army Medical Corps Officers as Flight Surgeons) or who have been terminated from aviation service by The Surgeon General; Commander, HRC-St. Louis, MO; or Chief of the NGB are not required to maintain class 2F medical certification.

24.  Paragraph 3-5 of Army Regulation 600-105 covers ACIP and states that officers entitled to ACIP include those who are entitled to basic pay, have an aeronautical rating, are student officers in training in the qualification course leading to the award of an aeronautical rating, or are qualified for aviation service.  There are two types of ACIP:

	a.  Continuous ACIP:  Army aviators qualified for aviation service are entitled to continuous ACIP for 12 years following their ASED as long as they remain qualified .  Table 3–3 applies to persons who qualify for continuous ACIP; and 

	b.  Monthly ACIP:  Aviators who are not entitled to continuous ACIP may receive monthly conditional ACIP only while serving in an operational flying position in accordance with Army Regulation 570–4 (Manpower Management).  The pay rate will be the same as for continuous ACIP.  These aviators must meet the monthly flight minimums to be eligible.  When verified that the aviator is assigned to an operational flying position, the military personnel office will inform the servicing finance and accounting office that the officer is eligible for monthly conditional ACIP.  The effective date is the day the officer is assigned to the position.  Conversely, the military personnel office will direct Finance to stop ACIP when the officer leaves the position or fails to meet the flying requirements.

25.  Officers (excluding warrant officers) below the rank of Brigadier General with more than 25 years of total federal officer service, who are qualified for aviation service and assigned to operational flying duty positions, are entitled to monthly conditional ACIP.  Officers not qualified for aviation service, who are required by competent orders to perform regular and frequent aerial flights, are not entitled to ACIP, but are entitled to monthly hazardous duty pay.  Flight surgeons are entitled to monthly non-continuous ACIP only while serving on operational flying duty as determined by The Surgeon General; Commander, HRC-St. Louis, MO; or Chief of the NGB.  Flight surgeons must meet the minimum flight standards outlined in paragraphs 3–9 through 3–11 of Army Regulation 600-105.  The “gate system” does not apply to flight surgeons.  RC aviators, not on extended active duty, will receive ACIP as outlined in the Department of Defense Pay Manual (DODPM), part 8.  “Gate” review procedures for Army National Guard (ARNG) personnel are contained in National Guard Regulation 600–105.

26.  Paragraph 3–7 of Army Regulation 600-105 covers total operational flying duty credit (TOFDC).  In pertinent part, it states:

	a.  Conditions to receive credit for TOFDC:  An aviator must be in aviation service, assigned to a position coded for operational flying in accordance with Army Regulation 570-4 (Manpower Management) on the unit Modified Table of Organization and Equipment (MTOE) or Table of Distribution and Allowances (TDA), and meet flying requirements.  For ARNGUS and USAR aviators, some career development and functional area training assignments may qualify as determined by the ARNGUS and USAR.  In addition, TOFDC may be credited to the aviators who are prisoners of war or are declared missing in action; aviators whose release from active duty is voided by the Army Board for Correction of Military Records (ABCMR); and/or aviators who have been issued a temporary medical suspension for 180 days or less.

	b.  Operational flying duty credit begins the day following the date the aviator signs out of a nonoperational flying duty position enroute to an operational flying duty position.  Credit is continuous until the aviator signs out en route to a nonoperational flying duty position.

	c.  Operational flying duty dates.  TOFDC is recorded by number of months. The 15th day is the “break even” point for crediting or not crediting a month.  For example, if an aviator signs out of a nonoperational flying duty position en route to an operational flying duty position on the 14th day of a month or earlier, credit begins the following day and the month is counted.  Conversely, if the date of sign out is the 15th day of a month or later, the month is not counted.  If departure from an operational flying duty position is on the 15th day or later, the full month is counted.  Departures on the 14th day or earlier cause the month not to be counted.

	d.  Consecutive assignments.  If an aviator remains in operational flying positions in consecutive assignments, credit is continuous.  Leave, temporary duty (TDY), and travel time between assignments are included, except that aviators may not fly or accumulate TOFDC while attending nonaviation schools on temporary duty of 90 days or more.  Officers attending the Aviation Officer Advanced Course after 1 October 1991 will receive TOFDC.  Officers attending the Medical Service Corps or Combined Logistics Officer Advanced Course after 1 October 1991, and who also attend the five-week AIRNET/SIMNET portion of the Aviation Officer Advanced Course, will also receive TOFDC.

27.  Flight surgeons are considered on operational flying duty when placed on aviation service orders by The Surgeon General; Commander, HRC-St. Louis, MO; or Chief of the NGB.  This duty entitles them to monthly ACIP.  Questionable cases will be submitted for review by the Office of The Surgeon General, Human Resources Command, or National Guard Bureau.  Duties include formal aviation medicine training leading to the award of an aeronautical rating; formal aerospace medicine residency training leading to certification in aerospace medicine; an assignment to a position or location determined by the Office of The Surgeon General, Human Resources Command, or National Guard Bureau that requires the flight surgeon to conduct a local aviation medicine program; and any assignment for an aerospace medicine specialist, primary AOC 61N9A/B/C, provided the person remains actively involved in an aviation medicine program.

28.  Based on the needs of the Army, aviation officers may fail to meet the TOFDC gate requirements of Table 3–3 of Army Regulation 600-105 but they will be eligible for a waiver.  Only aviation officers, commissioned or warrant, with an ASED of 1 October 1979 and after, who have failed to meet the TOFDC requirements for the new eligibility gates due to the needs of the service assignments, are eligible for a waiver.  Needs of the service assignments are defined as:

	a.  DOD or joint duty in a designated critical billet.

	b.  Army education requirements schooling (AERS) and utilization tour.

	c.  U.S. Army Recruiting Command (USAREC), Reserve Officer Training Corps (ROTC); or U.S. Military Academy (USMA) cadre assignment.
	d.  Aviation officer position (coded 15 or 67J) on the TDA of the Army Staff (ARSTAF), field operating agency (FOA) of the ARSTAF in the National Capital Region, or major Army command (MACOM) headquarters without assigned aircraft.

	e.  Assigned when medically disqualified but subsequently requalified for aviation service.

29.  Table 3–3 applies to persons who qualify for continuous ACIP.  This table shows the following:

ASED
Gate
TOFDC Months Required
Continuous ACIP To
ASED prior to 1 October 1979
12 year gate
72 months or greater
18 years of aviation service

18 year gate 
108 months through 131 months
22 years TFOS


132 months or greater
25 years TFOS
ASED on or after 1 October 1985
12 year gate
108 months or greater
18 years of aviation service

18 year gate
120 months through 143 months
22 years TFOS


144 months or greater
25 years TFOS
ASED from 1 October 1979 to 30 September 1985
As of 1 October 1991
72 months or greater
18 years of aviation service

12 year gate
72 months or greater
15 years of aviation service

15 year gate
108 months or greater
18 years of aviation service

18 year gate 
120 months through 143 months
22 years TFOS


144 months or greater
25 years TFOS
Only aviators, who have accrued 72 months or more TOFDC as of 1 October 1991, are entitled to receive continuous ACIP directly to 18 years of aviation service as long as they remain qualified.  If 72 months are not accrued as of 1 October 1991, the 12, 15, and 18-year gate requirements apply.  Warrant 
officers who pass their 18-year gate (and meet the requirements for continuous ACIP to 25 years TFOS) will be paid continuous ACIP until disqualified, terminated, or retired. 

30.  Table 3-3 of AR 600-105, states that Army aviators qualified for aviation service, whose ASED falls between 1 October 1979 and 30 September 1985, who complete 120 months of TOFDC by the end of 18 years following their ASED “may continue ACIP through 22 years of the Total Officer Federal Service (TFOS) if they remain qualified.”

31.  TOFDC waivers will not apply to aviation officers who voluntarily decline operational flying assignments or elect to take nonoperational flying assignments which preclude TOFDC.  Officers who decline operational flying assignments required to meet the first gate, will sign an HRC declination memorandum. Waiver must meet the following prerequisites:  the officer must have accrued at least 72 months TOFDC; the request must be submitted no earlier than 12 months prior to the gate for which the waiver is being requested; aviation officers who receive a waiver are not eligible for a second waiver; and aviation officers applying for an 18-year gate waiver are only eligible for continuous ACIP to 22 years TFOS.  They are not eligible for a waiver for pay to 25 years of TFOS, or from 22 to 25 years TFOS.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be entitled to continuous ACIP. 

2.  The evidence of record shows that the applicant entered active duty on 11 July 1983 and completed the 34-week Rotary Wing Aviator Course in March 1984.  His aviation service entry date was thus established as 10 July 1983 and his 18-year gate was 10 July 2001.  He served as an aeromedical evacuation commissioned officer with the 126th Medical Company of the CAARNG until 7 March 1994 when he was honorably discharged from the CAARNG.  He subsequently accepted appointment as a CW2 in the CAARNG on 8 March 1994 and remained assigned to the 126th Medical Company in MOS 153B.  He was honorably released from the CAARNG and transferred to the USAR Control Group on 1 January 1998. 

3.  The evidence of record further shows that the applicant applied for reentry into aviation service; however, he stated that his flight records for the period July 1983 through January 1998 were misplaced and/or lost by the CAARNG.  Accordingly, officials at HRC reconstructed his flight record/certification based on available official documents and awarded him 119 months of TOFDC for that period.  

4.  Based on Table 3-3 of AR 600-105, since the applicant’s ASED is between 1 October 1979 and 30 September 1985, at the 18-year gate, he is required to complete 120 to 143 months of TOFDC in order to qualify for continuous ACIP to 22 years of TFOS and 144 months or greater of TOFDC in order to qualify for continuous ACIP to 25 years.  The evidence of record shows that the applicant's reconstructed TOFDC shows he was credited with only 119 months and therefore failed the 18-year gate.

5.  With respect to the applicant’s argument that his TOFDC worksheet was not constructed correctly:

	a.  The request for a designator as a senior/master Army aviator or flight surgeon, dated 31 January 1995 and effective 9 September 1993 that shows the applicant accrued 12 months of TODC is noted; however, as indicated by HRC officials, this document is not a true or verifiable accounting of TOFDC because it is not certified or authenticated by either HRC or the NGB.  There is no evidence that it was submitted to be processed or approved by the CNGB or HRC; 

	b.  The opinions, strong recommendations, and/or positive feedback on behalf of the applicant by the State Aviation Safety Officer as well as the applicant’s past supervisor and/or senior rater are also noted; however, an opinion or a concern that alleges error or injustice must be adequately supported by the evidence in the form of a DA Form 759 or any other evidence to substantiate this recommendation;

	c.  The applicant’s official record is void of the alleged 24 months of missing OERs and the applicant did not provide copies of those OERS to substantiate his claim for TOFDC for the period in question; 

	d.  The OER from 21 November 1990 to 28 May 1991 shows he was appointed an additional duty of medical evacuation pilot; however, there is no evidence that he actually performed this additional duty.  Similarly, the rater indicated that he was on the medevac crew rotation roster; however, there is no evidence that he actually rotated; and

	e.  The OER from 29 May 1991 to 28 May 1992 shows his daily duties as an operations officer with focus on training schedules, planning, and support.  It does not indicate or account for any TOFDC.

6.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant did not submit evidence that would satisfy this requirement.  Therefore, there is insufficient evidence to grant him the requested relief.

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 for correction of the records of the individual concerned.


															XXX
      ______________________
               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)                                         AR20080018814



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ABCMR Record of Proceedings (cont)                                         AR20080018814


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