MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            3 March 1999      
	DOCKET NUMBER:   AC98-11628
				   AR1999014895

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

	Mr. Loren G. Harrell		Director	
	Mr. Kenneth Aucock		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O'Connor, Jr.		Chairperson	
	Mr. Edward Williamson		Member	
	Mr. Gary C. Miller		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

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

APPLICANT REQUESTS:  In effect, that a 1991 letter of reprimand, and the 1995 qualitative management program (QMP) action be transferred from the performance portion of his official military personnel record (OMPF) to the restricted portion.

APPLICANT STATES:  That it has been seven years since he received a citation for driving while intoxicated (DWI), and it is time that he stopped paying for that mistake.  He is trying to be appointed a warrant officer.  His record, as reflected by his evaluation reports, speaks for itself.  He states that the National Guard thinks so highly of him, that he is already working in a warrant officer position.  He attaches promotion orders to pay grade E-6, two evaluation reports, a letter showing he completed a drug and alcohol class, a copy of a certificate showing award of the Army Commendation Medal, and two letters recommending him for appointment as a warrant officer.  

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted in the Army on 10 January 1985, was promoted to pay grade E-4 on 1 September 1986, and on 23 July 1987 reenlisted for four years.  He was promoted to Sergeant on 1 October 1988, and on 18 September 1991 reenlisted for two more years, and again on 11 February 1993 for four years.   

On 22 October 1991 the applicant received a memorandum of reprimand for driving while intoxicated at Fort Wainwright, Alaska on 28 September 1991.  The applicant elected not to make a statement or submit matters in rebuttal to this letter, and the assistant division commander for support, a brigadier general of the 8th Infantry Division, directed that the letter be filed in his OMPF.

On 13 September 1993 the applicant’s former battalion commander at Fort Wainwright recommended the applicant for appointment as a warrant officer, stating that he was an exceptionally outstanding NCO; notwithstanding the blemish on his military career resulting from the DWI incident.

A 15 September 1993 memorandum signed by both the substance abuse counselor and the clinical director of the 1st Infantry Division at Fort Riley, Kansas, indicates that the applicant had been enrolled in Track II of an alcohol and drug abuse program prior to his assignment to Fort Riley in February 1992; and that he completed all requirements in order to be declared a rehabilitation success, and was released from treatment in March of 1992. 

On 19 January 1994 the applicant’s battalion commander at Fort Riley recommended the applicant for appointment as a warrant officer.

The restricted portion of his OMPF shows that he received nonjudicial punishment under Article 15, UCMJ, on 4 May 1994, for violating a regulation by having 9mm rounds in his room, and by having a sword and scabbard in his room.  He was reduced to pay grade E-4, suspended, required to forfeit $500.00 per month for two months, and required to perform extra duty for 45 days.  He did not appeal the punishment and the officer imposing the punishment directed that the record of punishment be filed in his restricted fiche.

On 2 May 1995 the applicant received a DA bar to reenlistment under the qualitative management program (QMP).  That basis for that bar was the memorandum of reprimand which he received on 22 October 1991 and an NCO evaluation report for the period October 1990 to September 1991, in which his rater stated that he did not maintain high standards of personal conduct because of the DWI citation that he received.  His rater did indicate that he was a fully capable NCO.  His senior rater placed him in the second from the top block for overall performance, and the third from the top block for overall potential on this report.

The applicant’s record shows that he received two awards of the Army Achievement Medal, the third award of the Good Conduct Medal for the period 10 January 1991 to 9 January 1994, and the Army Commendation Medal for the period November 1991 to April 1995.  He had previously been awarded an Army Commendation Medal for the period 21 June 1985 to 25 September 1987.  

The applicant had completed the basic NCO course (BNCOC) in 1987.  His rating officials on the nine evaluation reports contained in his record, indicate that the applicant was either fully capable or among the best in overall potential for promotion and/or service of greater responsibility.    

Army Regulation 640-10 sets forth the basic authority for filing of documents in the OMPF, and provides in pertinent part, that administrative letters of reprimand or admonition of a nonpunitive nature would be filed on the performance fiche of the OMPF only if the provisions of Army Regulation 600-37 had been complied with. 

Army Regulation 600-37 sets forth the basic authority for the filing of unfavorable information in the OMPF.  Paragraph 3-4 of that regulation provides, in pertinent part, that a nonpunitive letter of reprimand or admonition would be filed in the OMPF only when directed by a general officer senior to the recipient or by direction of the officer having general court-martial jurisdiction over the recipient.

Army Regulation 601-280, chapter 10, sets forth policy and prescribes procedures for denying reenlistment under the QMP.  This program is based on the premise that reenlistment is a privilege for those whose performance, conduct, attitude, and potential for advancement meet Army standards. It is designed to (1) enhance the quality of the career enlisted force, (2) selectively retain the best qualified soldiers to 30 years of active duty, (3) deny reenlistment to nonprogressive  and nonproductive soldiers, and (4) encourage soldiers to maintain their eligibility for further service.  Soldiers whose continued service is not warranted receive a QMP bar to reenlistment.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:

1.  The memorandum of reprimand was properly imposed as an administrative measure and was properly filed on the performance fiche of the OMPF in accordance with regulations.

2.  The applicant has failed to convince the Board that the intended effect of the memorandum of reprimand has been served and that the transfer of the memorandum and the QMP action to the restricted fiche of his OMPF would be in the best interest of justice.

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

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__rvo___  __ew____  ___gcm__  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC98-11628/AR1999014895	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990303	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.134.01		
2.		
3.		
4.		
5.		
6.