IN THE CASE OF:
BOARD DATE: 25 June 2013
DOCKET NUMBER: AR20120022038
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 to his records to show he was wrongfully demoted prior to his discharge for weight control failure.
2. The applicant states, in effect, he was wrongfully demoted for a first offense of failing to comply with the Army height and weight standards while enrolled in the Army Weight Control Program.
3. The applicant further states he provided evidence of a documented counseling, dated 26 March 2012, from SSG D___; however, there was no document provided with his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 31 December 2008. He completed training and was awarded military occupational specialty 31B (Military Police).
2. Information obtained from the Defense Finance and Accounting Service (DFAS) indicates the applicant served in the following pay grades:
* E-3, for the period 31 December 2008 through 28 February 2011
* E-4, for the period 1 March 2011 through 8 November 2011
* E-3, for the period 9 November 2011 through 20 November 2012
3. His record does not contain evidence of the circumstance or supporting documentation surrounding his reduction in rank.
4. The applicant was honorably discharged in the rank/grade of private first class/E-3 on 20 November 2012, in accordance with Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), chapter 18 for weight control failure. He was issued a DD Form 214 (Certificate of Release or Discharge from Active Duty) that shows he served in Iraq for the period 3 July 2010 to 24 June 2011 and he was credited with 3 years, 10 months, and 20 days net active service with no lost time.
5. Army Regulation 600-8-19 (Enlisted Promotions) prescribes the policies and procedures for the promotion and reduction of enlisted Soldiers. Paragraph 10-5 states Company, troop, battery, and separate detachment commanders may reduce Soldiers from the rank/grade of specialist/E-4 for various reasons which include, but are not limited to instances of misconduct or inefficiency.
6. Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. This regulation provides that 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. Evidence shows the applicant was promoted to the grade of E-4 on 1 March 2011. He was subsequently reduced one grade to E-3 on 9 November 2011.
2. The applicant states he was wrongfully demoted for a first offense of weight control failure; however, his records do not contain evidence nor did he provide evidence to support his position. In addition, his record does not contain evidence of the circumstance or supporting documentation surrounding his reduction in rank. In the absence of evidence to the contrary, it is presumed what the Army did in the applicant's case is correct, all requirements of law and regulation were met, and the rights of the applicant were fully protected throughout the process.
3. In view of the foregoing, there is insufficient evidence to support 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.
_____________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) AR20120022038
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ABCMR Record of Proceedings (cont) AR20120022038
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