Image: Wikimedia Commons (Author Master Sgt. Travis Hill, released by the United States National Guard)
In the weeks following the historic reinstatement ceremony of U.S. Army Captain (CPT) Mark Bashaw at the Pentagon on November 14, momentum appeared to be building for other service members wrongfully separated during the COVID-19 era.
Michael Gary, a former full-time officer in the Active Guard Reserve (AGR) of Maine Army National Guard (MEARNG), had hoped he was also on the path to a successful reinstatement.
In his own fight for reinstatement, in September, Major (MAJ) Mike Gary received a letter from the Section Chief of the Army National Guard, stating, “The Army National Guard…has removed the GOMOR dated 21 March 2022 and all associated allied documents in the Service Member’s Army Personnel Records (AMHRR). The General Officer Memorandum of Reprimand can be defined as a serious U.S. Army administrative action where a General Officer officially reprimands a soldier for misconduct.
War Secretary Pete Hegseth reposted Gary’s announcement that the National Guard Bureau (NGB) had formally removed the 2022 General Officer Memorandum of Reprimand (GOMOR) from his record — confirming ARBA’s ruling that the reprimand and associated accusations were baseless. For many, the repost signaled growing national attention and top-level support.
But inside the state of Maine, a different story was unfolding for Gary. The path to justice has taken a sudden, unexpected turn. The Gateway Pundit spoke to the former Army officer of 27 years, who said his five-year battle is now facing what he calls “open defiance” by the MEARNG and administrative obstruction by the NGB.
In documents reviewed by the author, J.M. Phelps, new correspondence between late November and early December shows that state-level refusal to comply with federal directives has forced Gary to seek Alternative Relief directly from the Army Review Boards Agency (ARBA).
In late November, Gary discovered a new DD214 (a Certificate of Release or Discharge from Active Duty) inserted into his official U.S. Army personnel record. This version carried an “LGH separation code” typically associated with a Reduction in Force and a narrative reason of “Non-Retention on Active Duty,” he explained.
According to him, “Neither of these characterizations matched the facts of my service, nor did they reflect ARBA’s June ruling, which nullified the original separation basis and ordered NGB to consider him for full-time AGR reinstatement, retroactive promotion to Lieutenant Colonel, and correction of all derogatory documents.”
The sudden appearance of a new DD214, unlinked to any lawful workflow, raised immediate concerns to Gary. In a December 4 communication to ARBA, he described it as an “inaccurate” and an “unlawfully posted” document, noting that the positions from which he was removed still exist and that no reduction-in-force action ever took place.
In a December 4 email to ARBA, he argued, “A subordinate command appears able to disregard the Board’s directive, the Secretary of War’s policies, and the Presidential Executive Order…I am now requesting alternative relief.”
Gary also referenced MEARNG’s May 30 denial memorandum, issued before he even received ARBA’s favorable ruling. That memo asserted he was not eligible for reinstatement under Executive Order 14184, despite his involuntary removal and despite the later ABCMR findings that the accusations against him were baseless.
The combination of the May denial and the new DD214 made clear that MEARNG had “no intention of following the Record of Proceedings,” he wrote in the email.
On December 3, Gary also wrote to the Army Reinstatement Task Force, formally documenting the legal implications of Maine’s refusal to act. In that communication, he laid out the governing administrative law principle governing ARBA decisions. According to him, the verbiage does not grant a subordinate command discretion to deny reinstatement arbitrarily. “Once derogatory information is voided,” he said, “the agency must act unless a new, valid, and lawful basis exists for denial.”
He then listed the elements ARBA had already nullified. These included the removed GOMOR, a discredited 15-6 investigation, an invalidated separation basis, a nullified narrative of unacceptable conduct, and rejected allegations of bullying. The Board’s finding that MEARNG “persisted in retaliating against him” left, in Gary’s view, “no lawful basis remaining to deny reinstatement.”
This morning, on X, Gary asked “Is reinstatement a real thing for all who have come through the corrections board process with a win?” See his public plea directed to various Department of War officials:
Reinstatement Denied Update!
Is reinstatement a real thing for all who have come through the corrections board process with a win? @DoD_USD_PR ,@KevinBouren ,@KacyJDixon @USW_PR_HONTata @SecWar ,@PeteHegseth
The answer is NO! more evidence
Important Update — Posting… pic.twitter.com/0pt3DslfzA
— Joseph Warren Founding Martyr (@MartyrJose1776) December 8, 2025
Request for Alternative Relief
With MEARNG refusing to comply and NGB allowing unauthorized documents to appear in his file, Gary formally requested that ARBA grant Alternative Relief. His proposed remedy included placement back on full-time AGR orders from June 2022 through June 2026, full back pay, full benefits, and retroactive promotion to Lieutenant Colonel with a June 2022 date of rank.
“This solution would allow me to retire honorably at 20-plus full-time years, reflecting the career progression I was unlawfully denied,” Gary explained.
Interestingly, he said the newly formed Army Reinstatement Task Force has acknowledged the unusual nature of the breakdown. ARBA previously confirmed that Gary’s corrected record was forwarded to NGB back July 29, 2025, meaning federal action has been stalled at the state level for more than four months. DFAS has also repeatedly informed Gary that it is awaiting only NGB/MEARNG action before executing back pay and benefits.
Gary’s case for reinstatement begs an important question: Can a state National Guard legally ignore a federal correction order issued under Title 10 authority? Gary’s case may determine the answer, setting the precedent for reinstatement cases nationwide. Whether ARBA will grant Alternative Relief, or whether higher federal authority will intervene, remains to be seen.
While the bureaucratic conflict continues, Gary’s family continues to shoulder the strain. His wife Jessica, whom he calls “a solid spiritual rock,” has supported him through years of legal battles, financial loss, and uncertainty. Their children have watched the fight play out in real time, witnessing what their father describes as “a test of faith, duty, and constitutional principle.”
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