RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 March 2007
	DOCKET NUMBER:  AR20060013764 


	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  


Mr. Gerard W. Schwartz

Acting Director

Mr. Michael L. Engle

Analyst


The following members, a quorum, were present:


Mr. Lester Echols

Chairperson

Ms. Linda M. Barker

Member

Mr. Michael J. Flynn

Member

	The Board considered the following evidence: 

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, restoration of her rank and pay. 

2.  The applicant states, in effect, that she received nonjudicial punishment (NJP) from a commander who was not in her chain of command.  She further states that her demotion occurred after returning from Iraq and contends that if she was to be reduced it should have been done in Iraq "when I was given an Article 15 by the 574th." 

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  On 26 March 2001, the applicant enlisted in the United States Army Reserve for 8 years, as a private first class, pay grade E3.  She contracted for training in military occupational specialty 92A1O (Automated Logistical Specialist).

2.  Permanent Orders 165-49, 90th Regional Readiness Command, dated 
2 October 206, awarded the applicant the Combat Action Badge for the period of service from 3 March to 5 December 2004, while assigned with the 485th Quartermaster Company.

3.  No additional evidence is available for review.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided any evidence to support her contention that she was improperly punished.  There is no evidence of record for the Board to review.

2.  In the absence of information to the contrary, the Board is required to presume all requirements of law and regulation were met and the rights of the applicant were fully protected throughout any pertinent administrative process. 

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy the aforementioned requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__LE  ___  __MJF __  __LMB __  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.




___      Lester Echols_______
          CHAIRPERSON




INDEX

CASE ID
AR20060013764
SUFFIX

RECON
 
DATE BOARDED
20070327 
TYPE OF DISCHARGE

DATE OF DISCHARGE
  
DISCHARGE AUTHORITY
  . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY
REVIEW AUTHORITY

ISSUES         1.
129.06000
2.

3.

4.

5.

6.