PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE: 22 October 1998
	DOCKET NUMBER:   AC98-06599

	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. Loren G. Harrell		Director	
	Ms. Lee Tinsley		Analyst	

  The following members, a quorum, were present:

	Ms. June Hajjar		Chairperson	
	Mr. Fred K. McCoy		Member	
	Ms. Shirley L. Powell		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests that his Special Court-Martial Order Number 10 be transferred from the performance fiche (P-fiche) to his restricted fiche (R-fiche) of his Official Military Personnel File (OMPF).

3.  The applicant states, in effect, that the purpose of the court-martial conviction has been served, since more than over 13 years have passed with no subsequent disciplinary infractions.  His offense was an isolated incident and is the only derogatory incident in his 14 plus years of service.  He goes on to state that his service since that time has been exemplary.  He also believes that transferring this document to his R-fiche would be in the best interest of the Army and himself as it could be held as a discriminatory matter in the DA promotion selection board process causing the Army to lose a well trained soldier.

4.  Records available to the Board show that the applicant entered active duty in the Regular Army on 3 May 1983 for a period of 3 years.  He was awarded MOS 76C10(Equipment Records and Parts Specialist).

5.  On 29 April 1985, the applicant was convicted by a special court-martial of larceny of a value of about DM300.00 (less than $100.00) and conspiring to steal currency of some amount on 5 March 1985.  His approved sentence was reduction to paygrade E-2, and forfeiture of $150.00 per month for 6 months.

6.  On 11 June 1985, Headquarters VII Corps, affirmed the findings of guilty and the sentence.

7.  On 4 April 1986, the applicant reenlisted in the Regular Army for a period of 4 years.  He received a waiver of the court-martial conviction to reenlist.  The highest paygrade he has achieved is E-6 on 28 March 1991.

8.  Since the applicant’s conviction, he has received the following awards:  the Army Achievement Medal (4/87), the Army Achievement Medal w/OLC (7/87), the Drivers Badge (1/90), the Army Commendation Medal (1/95), the Good Conduct Medal (4th Award) (2/95), and the Army Commendation Medal w/OLC (6/95).

9.  Army Regulation (AR) 600-8-104, Table 2-1, Composition of the OMPF, under Orders, rule 2, provides for the filing of court-martial orders on the P-fiche when there is an approved finding of guilty on at least one specification.

10.  AR 600-8-104, paragraph 2-4(a), also provides in part that documents become a permanent part of the OMPF and will not be removed from a fiche or moved to another part of the fiche unless directed by the Army Board for Correction of Military Records.

CONCLUSIONS:

1.  The court-martial order is properly filed on the P-fiche of his OMPF in accordance with applicable regulations.

2.  After a review of the evidence submitted with his application and the evidence of record, the Board is inclined to agree that the applicant has learned from his mistakes and has taken steps to overcome the mistakes of his youth.  His record of service clearly indicates that from the time he was court-martialed to the present, he has demonstrated total dedication to his profession and that he has not let the fact that he has a court-martial conviction deter him from achieving excellence in all his endeavors.

3.  Although the Board is not privy to the reasons for selection or nonselection for promotion, it is reasonable to surmise that the court-martial conviction order in a soldier’s record would be considered derogatory information and a basis for nonselection.  Hence, considering the applicant’s otherwise good record of service, it would be appropriate at this time to transfer the court-martial order to his R-fiche.

4.  Accordingly, the Board is convinced that the applicant made a mistake in his youth and early in his career.  The Board further believes that he has learned from his mistake and has gone on to demonstrate that he is the type of soldier that is needed in today’s Army.  Therefore, the Board is inclined to believe that it would be in the interest of justice to move the court-martial order and all associated documents to the R-fiche of his OMPF.

5.  In view of the foregoing, it would be appropriate to correct the applicant’s records, as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by moving the Special Court-Martial Order Number 10, dated 11 June 1985, and all associated documents from the P-fiche of the individual concerned to the R-fiche of his OMPF.
BOARD VOTE:  

 JH   FKM   SLP GRANT AS STATED IN RECOMMENDATION

                       GRANT FORMAL HEARING

                       DENY APPLICATION

		          JUNE HAJJAR
		        CHAIRPERSON