IN THE CASE OF:  	  

		BOARD DATE:  21 April 2015  	  

		DOCKET NUMBER:  AR20140015993 


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 request for correction of his military records to show he completed 20 years of qualifying service in the New Jersey Army National Guard (NJARNG) for a non-regular retirement.
   
2.  The applicant states that he feels things were overlooked in the original Board's consideration.  He makes the following comments/arguments:

	a.  He states that there was a question concerning sanctuary or vesting that was not addressed by the Board.  He contends that there was information concerning this while he was serving in the NJARNG.

	b.  He does not understand how it is his fault that the government does not have his military records.  His question is, "where are they?"

	c.  With regard to probable error or injustice, he states, in effect, that when the captain in question said he was putting in papers to retire the applicant and told him to sign the papers, he said he refused to sign them.  He told the captain that he did not want out of the NJARNG.  The captain's answer was that he did not care what the applicant wanted.  The applicant contends he was never officially notified of his release from the unit.  No paperwork was ever sent to him stating he was being released.  To this day, he does not have any release or discharge document.

	d.  He states when his Department of Veterans Affairs (VA) representative was reviewing the applicant's paperwork, the Ribbon of Honor and a Merit Award was found.  The applicant states he never knew about these two awards.  He also contends that he was never given credit for attending summer camp in 1976.  The paperwork shows he was let go in March which is incorrect because he was not let go until Monday of the second week of summer camp.  He was also informed that he was to be carried on the unit roster until the end of his contract which would have given him more than 20 years of service.

	e.  The applicant states he wants what he and his VA representative believes he deserves.  The applicant states that when all of this was taking place, the company clerk told him he had no idea why this was being done to him.  The clerk said the applicant only needed this last contract to complete his 20 years.

3.  The applicant provides no additional documentation.

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 AR20130012192, on 11 March 2014.

2.  The applicant has raised questions concerning actions of the original Board which are considered new evidence requiring consideration by the Board.

3.  The original Record of Proceedings (ROP) show:

	a.  All of the applicant's military records were not available for review, in particular his National Guard Bureau (NGB) Form 23B (ARNG Retirement Points History Statement) and his Army Reserve Personnel Center (ARPC) Form 249-E (Chronological Statement of Retirement Points).

	b.  The applicant submitted evidence showing the NJARNG determined he had completed 18 years and 11 months of service which was short of the required 20 years of qualifying service for retirement.

	c.  The available evidence was insufficient to make any determination concerning a possible error or injustice in the applicant's case.  The Board advised him to contact the Commander, U.S. Human Resources Command (HRC) at Fort Knox, Kentucky.  It was believed that HRC may have additional information and be able to provide an updated ARPC 249-E showing additional service.

	d.  Accordingly, the Board denied the applicant's request due to insufficient documentary evidence to make a determination.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show he completed 20 years of qualifying service in the NJARNG for a non-regular retirement.
   
2.  The applicant's comments and arguments have been carefully considered.  Unfortunately, he has not provided any documentation to substantiate any claim of error or injustice.  

3.  The applicant raises an issue about sanctuary or vesting, but fails to provide any clarifying comments concerning how this applies to his situation.  Neither issue was mentioned by the applicant or the Board in the original ROP.

4.  The comments in the original ROP concerning the non-availability of his military records were not meant to direct any blame toward him or anyone else.  It is simply a fact that the records were not and still are not available for review.  At the time he served, records were not automated.  Rather, they were hard copy paper documents filed in a folder.

5.  The applicant's comments about certain events that occurred and when he was released from his unit are noted.  Unfortunately, he has not provided any corroborating evidence upon which the Board could possibly base any decision regarding error or injustice.

6.  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 AR20130012192, dated 11 March 2014.





      _______ _   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)                                         AR20140015993



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ABCMR Record of Proceedings (cont)                                         AR20140015993



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