BOARD DATE: 15 October 2015
DOCKET NUMBER: AR20150004511
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 his honorable discharge from the Alabama Army National Guard (ALARNG) be changed to a medical discharge.
2. The applicant states, in effect, he was put out for no reason.
3. The applicant does not provide any additional evidence.
CONSIDERATION OF EVIDENCE:
1. The applicant's records show he was born in January 1961.
2. Having had prior service in the ALARNG (19800107-19810725), the applicant enlisted in the Mississippi ARNG (MSARNG) on 23 January 1999. He held military occupational specialty 92G (Food Service Specialist).
3. He entered active duty on 23 August 2001 and subsequently served in Bosnia from 15 September 2001 to 19 March 2002. He was released from active duty on 3 April 2002.
4. Around 15 December 2003, he transferred from the MSARNG to the ALARNG.
5. He entered active duty on 29 August 2004 and subsequently served in Iraq from 6 January 2005 to 21 December 2005. He was honorably released from active duty on 24 December 2005.
6. The complete facts and circumstances surrounding his separation are not available for review with this case. However, his service records contain:
a. Orders 349-514, issued by the ALARNG on 15 December 2009, honorably discharging him from the ARNG effective 11 December 2009 and transferring him to the U.S. Army Reserve (USAR) Control Group (Reinforcement) in accordance with National Guard Regulation (NGR) 600-200 (Enlisted Personnel Management), paragraph 6-35j (unsatisfactory participation).
b. National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), issued by the State ARNG, that shows he was honorably discharged from the ALARNG on 11 December 2009 in accordance with NGR 600-200, paragraph 6-35j as an unsatisfactory participant. It also shows he was transferred to the USAR Control Group (Reinforcement).
7. On 8 January 2013, the U.S. Army Human Resources Command published Orders D-01-300396 honorably discharging him from the USAR effective 8 January 2013.
8. On 16 April 2015, a staff member of the Army Review Boards Agency advised the applicant that his application to the Army Board for Correction of Military Records did not contain sufficient evidence to support his request. He was asked to provide medical documentation and his application was placed on hold for 90 days. He failed to respond within the given timeframe.
DISCUSSION AND CONCLUSIONS:
1. The complete facts and circumstances surrounding the applicant's discharge from the ARNG are not available for review with this case. However, his records contain an NGB Form 22 that shows he was honorably discharged from the ALARNG on 11 December 2009 in accordance with NGR 600-200, paragraph
6-35j as an unsatisfactory participant, and he was transferred to the USAR Control Group (Reinforcement).
2. In the absence of evidence to the contrary, it is presumed his discharge from the ALARNG complied with State laws. He provides no evidence to show his discharge is in error or unjust. Likewise, he provides no evidence to show he addressed such discharge with the State ARNG or the NGB.
3. He also failed to provide his medical records or explain what medical condition(s) he suffered from, how they were incurred or aggravated, what diagnosis he received and who made such diagnosis, what remedies he sought, whether he was issued a physical profile, whether such conditions affected his duty performance and/or failed retention standards, and whether such conditions rendered him unfit. Medical processing is a complex process that requires involvement and collaboration of several parties, including the Soldier.
4. There is insufficient evidence to show the applicant's discharge from the ARNG is in error. Likewise, there is insufficient evidence to show he should have been medically discharged.
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.
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