IN THE CASE OF:
BOARD DATE: 8 October 2009
DOCKET NUMBER: AR20090008488
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 reconsideration of his earlier application for correction of his military records to set aside his nonjudicial punishment (NJP) and to restore his rank.
2. The applicant states, in effect, that he has had many health issues since being released from active duty. He states he went to Africa on a missionary journey for 2 weeks and that he was arrested and held for 82 days. He states that he is 60 years of age and has retired. The applicant essentially repeats his contentions stated in the original Board proceedings but includes additional details about when and where the events took place that led to the NJP action. He still claims that he did not use any force on the Soldier. He mentions that he had known the battalion commander who administered the NJP to him since she was a second lieutenant. She had lost her husband due to a motorcycle accident and was bitter towards God. He states that the NJP was rendered inconsistently and cited the punishment given to different Soldiers who failed to keep their weapon secured. The applicant swears that he never did anything intentional to either Soldier and denies all accusations. The applicant also believes that his religious convictions were the cause for this NJP action against him.
3. The applicant provides no additional documentation in support of his request for reconsideration.
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 AR20070013789, on
8 May 2008.
2. The applicant's two-page statement expands on his earlier argument and should be considered by the Board.
3. In the original Board proceedings, the applicant stated the incidents that led to his NJP were totally misunderstood. He contends that he was charged with misconduct that did not take place. The applicant did not provide any documentary evidence to support his argument. The subject NJP was initiated against the applicant for unlawfully grabbing a Soldier by the arm with excessive force; of grabbing and shoving another Soldier with excessive force; and of orally communicating certain indecent language towards three different Soldiers on separate occasions. The applicant accepted the NJP rather than face a court-martial. His appeal was denied. His punishment consisted of a reduction to pay grade E-5, a forfeiture of $500.00 pay per month for 1 month (suspended), and a written reprimand.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that he did not commit any misconduct and that the NJP should be set aside and his rank restored. The applicant has not provided any documentary evidence to support his contention. His written statement of denial is insufficient to overcome the NJP.
2. The applicant's contention that he was punished because of his religious convictions is also not supported by any documentary evidence.
3. In view of the above, the applicant's request should be denied.
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 AR20070013789, dated 8 May 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) AR20090008488
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ABCMR Record of Proceedings (cont) AR20090008488
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