IN THE CASE OF:	  

		BOARD DATE:	  30 September 2008

		DOCKET NUMBER:  AR20080012167 


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, in effect, reconsideration of his earlier petition for restoration of his rank to staff sergeant (SSG).  

2.  The applicant states, in effect, that his reduction order was invalid.  

3.  The applicant provides his reduction orders, orders log, and electronic mail (e-mail) messages in support of his reconsideration request.  

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 AR20060007029, on 23 January 2007.  

2.  During its original review of this case, an advisory opinion was obtained from the Chief, Personnel Management Division, 81st Regional Readiness Command, which indicated that the applicant was under a suspension of favorable personnel actions (FLAG) and not eligible for promotion during the period 8 June 2004 and 22 July 2005.  The opinion further indicated that although there were some administrative errors in the reduction orders published, the commander's intent was to administratively reduce the applicant for substandard performance on 
19 November 2004, and this was accomplished with orders published manually in accordance with the commander's intent.  

3.  After reviewing the evidence of record, which included the 81st Regional Readiness Command advisory opinion, and the independent evidence provided by the applicant, the Board concluded the applicant's command did not retaliate against him in anyway and that there was no error or injustice related to his reduction.  

4.  The applicant now provides the argument that his reduction orders were invalid and submits an orders report and e-mail traffic addressing administrative errors in the reduction orders in question as new evidence.  

5.  The applicant's record also contains Department of Defense (DOD) 
Inspector General (IG) Memorandum, dated 9 April 2007, which indicates that following a preliminary analysis of reprisal allegations made by the applicant, the DOD IG concurred with the Department of the Army (DA) IG that further investigation was not warranted and determined the matter could be considered closed.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his reduction orders were not valid was carefully considered.  However, there is insufficient evidence to support his claim. 

2.  The evidence of record confirms that although administrative errors were made in the publication of the reduction orders in question, the revocation of the applicant's SSG promotion orders was properly accomplished based on his ineligibility due to a FLAG action, and his reduction to specialist (SPC) was also correctly completed in accordance with the commander's intent based on the applicant's documented substandard performance of duty.  

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 this requirement or that would support amendment of the original Board decision in this case.  

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 AR20060007029, dated 23 January 2007.  




      _______ _ 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)                                         AR20080012167



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ABCMR Record of Proceedings (cont)                                         AR20080012167


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