IN THE CASE OF: 

		BOARD DATE:	  20 November 2012

		DOCKET NUMBER:  AR20120004294 


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 revocation and expugment of South Carolina Army National Guard (SCARNG) Orders 092-815, dated 1 April 2008.

2.  The applicant states:

* he has 17 years, 9 months and 5 days of service, and the NGB Form 22 (National Guard Bureau Report or Separation and Record of Service) is incorrect
* together the orders and the incorrect NGB Form 22 show repeated attempts to separate him with backdated documents
* there was an "manipulating effort" to destroy his military career
* the SCARNG has denied him benefits and repeatedly placed documents in his permanent record without his knowledge
* Orders 092-815 was submitted 2 years later, revoking Orders 092-852 "(transferring me to the reserves)"
* "prior to separation from the Guard it was agreed to transfer me to the USAR"


3.  The applicant provides copies of:

* an 11 May 2007 letter from U.S. Army Human Resources Command, St. Louis
* 7 November 2007 Memorandum for Record
* 18 February 2008 memorandum to the SCARNG – Subject: Rebuttal and Supporting Documentation for Separation from the Active Guard Reserve Program with attached recruiting announcement from a local Army Reserve unit
* his April 2008 DD Form 214 (Certificate of Release of Discharge from Active Duty)
* his DA Form 4651 (Request for Reserve Component Assignment or Attachment), dated 10 June 2008
* SCARNG Orders 172-814, dated 20 June 2008 – amending Orders 092-852 to change applicant's U.S. Army Reserve (USAR) Control Group from Standby to Reinforcement
* applicant's Election of Options form, dated 23 June 2008, requesting assignment to the Selected Reserve
* processing documents for assignment to a troop program unit (TPU)
* 30 June 2009 voluntary release from the USAR Control Group (Reinforcement) 
* NGB termination of Federal recognition, dated 2 October 2008 
* SCARNG Orders Number 092-815, dated 2 April 2010
* SCARNG Orders Number 092-852, dated 1 April 2008
* His NGB Form 22

CONSIDERATION OF EVIDENCE:

1.  The applicant, a former chemical operations specialist with over 11 years of Regular Army enlisted service, accepted a commission as Regular Army officer on 11 October 2001.  He left active duty as a captain on 29 September 2006 and accepted a commission as an Army National Guard captain in a full-time position with the SCARNG. 

2.  His Officer Evaluation Reports (OERs) for the periods ending 29 September 2007 and 3 April 2008 indicated that he was not ratable or promotable because he did not have a college degree as required by law and regulation.  The record of the Board's denial of the applicant's request to expunge those OERs is recorded as Docket Number AR20120004295.  

3.  In his 7 November 2007 Memorandum for Record the applicant stated that he believed his college degree was legitimate, that the school's staff had informed them that they were a reputable university.  He didn't know they had been disbanded or decertified.  He had enrolled in the "Officers Without a Degree" program and thought it would take him about 8 months to fulfill the requirements.  The situation had been investigated and he had been found to have not purposefully perpetrated a fraud.

4.  The applicant's 18 February 2008 memorandum is his rebuttal to a pending separation for "moral and professional dereliction" wherein he insists that he intended no fraud, that he thought he had a legitimate degree, and that he believed someone was out to ruin his career.

5.  On 21 April 2008, the SCARNG issued Orders 092-852 that honorably separated the applicant from the ARNG effective 3 April 2008 and listed no transfer to the USAR.  Another copy of the same order indicated, "Current Organization Identification Code:  USAR Control Group (Standby) (S)."

6.  His 3 April 2008 DD Form 214 indicates he has 17 years, 9 months, 
and 6 days of active duty service.  The cited authority for separation is Army Regulation 600-8-24 (Officer Transfers and Discharges), paragraph 3-5 (miscellaneous/general reasons).  

7.  The applicant's 3 April 2008 NGB Form 22 indicates a total of 17 years,
6 months, and 26 days of active duty service.  The reason and authority cited is "Resignation in Lieu of Board Proceedings to Withdraw Federal Recognition." 

8.  On 20 June 2008, the SCARNG issued Orders 172-814 which amended Orders 092-852 changing, the Current Organization Identification Code from "USAR Control Group (Standby) (S)" to "USAR Control Group (Reinforcement ) (R)."

9.  The applicant's Election of Options form, dated 23 June 2008, processing documents for assignment to a TPU, and his 30 June 2009 voluntary release from the USAR Control Group (Reinforcement) show his interaction with USAR entities.  

10.  On 2 April 2010, the SCARNG issued Orders 092-815 honorably separating the applicant from the ARNG, effective 3 April 2008, with additional instructions of "For Concurrent Separation from the USAR.”

11.  Army Regulation 135-155 (Promotion of Commissioned Officers and Warrant Officers Other Than General Officers), paragraph 2-9 states, "…no person may be selected for promotion to the Reserve grade of CPT unless…that person has a baccalaureate degree from an accredited institution…or has earned a baccalaureate degree from an unaccredited educational institution that has been recognized by the Department of Defense (DOD) for purposes of meeting officer educational requirements."



DISCUSSION AND CONCLUSIONS:

1.  The applicant wants SCARNG Orders 092-815, dated 1 April 2008, revoked and expunged from his record.

2.  The applicant was required to have a qualifying college degree which, by his own admission, he did not have.  Whether or not someone was trying to ruin his career is as irrelevant as whether or not he intended any fraud.  He was not qualified to be a captain or promotable and at the end of his AGR commitment to the SCARNG he appears to have voluntarily resigned.

3.  The Election of Options form, request for assignment to a TPU, and voluntary release from the USAR Control Group (Reinforcement) clearly show the applicant was not precluded from joining the USAR.

4.  The applicant has submitted neither probative evidence nor a convincing argument in support of the 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 for correction of the records of the individual concerned.




      _______ _ 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)                                         AR20120004294





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ABCMR Record of Proceedings (cont)                                         AR20120004294



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