MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:                              
	DOCKET NUMBER:   AC

	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	
	M		Analyst	

  The following members, a quorum, were present:

	Mr. 		Chairperson	
	Mr. 		Member	
	Mr. 		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:  That a general officer memorandum of reprimand (GOMOR) be transferred from the performance to the restricted portion of his official military personnel file (OMPF).

APPLICANT STATES:  That the GOMOR has been in his records since 
1995; that he paid a $500.00 fine and his off post driving privileges were restricted for 1 year in addition to suspension of his on post driving privileges for 1 year which he feels is sufficient punishment; and, in effect, that he feels that the GOMOR has resulted in his nonselection for promotion.

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

He was serving on active duty in the grade of staff sergeant during the period of time in question.

On 15 December 1995 he was issued a GOMOR signed by a major general, the Commander, 1st Infantry Division and Fort Riley, Kansas, for "driving a motor vehicle in Junction City, Kansas when your blood alcohol content [BAC] was in violation of state laws."  The applicant was notified that the document would be filed in the performance portion of his OMPF unless he provided statements within 7 days which would persuade the general that the GOMOR was not warranted.

On 22 December 1995 the applicant signed a statement that he did not desire to submit statements in his own behalf.

On 30 January 1996 filing of the GOMOR in the applicant's OMPF was directed. 

Army Regulation 190-5 provides that officers and noncommissioned officers will be issued an administrative reprimand for alcohol related driving incidents in the following circumstances:  When there is a conviction for driving while intoxicated or driving under the influence of alcohol or drugs; a refusal to take a properly requested blood, urine or breath test; when the individual was driving or in physical control of a vehicle on post with a BAC of .10 or off post with a BAC in violation of State law, irrespective of other charges; or driving or in physical control of a vehicle when a lawfully requested test reflected the presence of other drugs.

Army Regulation 600-37, Unfavorable Information provides in pertinent part, that administrative letters of reprimand may be issued by an individual's commander, by superiors in the chain of command, and by any general officer or officer exercising general court-martial jurisdiction over the soldier.  The letter must be referred to the recipient.  Statements or other evidence furnished by the recipient must be reviewed and considered before filing determination is made.  Letters
of reprimand may be filed in a soldier's OMPF only upon the order of a general officer level authority and are to be filed on the performance fiche.  The direction for filing is to be contained in an endorsement or addendum to the letter.  Once filed the letter is presumed to have been administratively correct.

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

1.  While specific details of the event are not in the available records, the applicant was charged by civil authorities with the offense of driving a motor vehicle while impaired with a BAC in violation of State Law.  He acknowledges that he paid a $500.00 fine and that his driving privileges were restricted by those authorities thereby indicating that he pled or was found guilty.

2.  The applicant, a noncommissioned officer, was aware, or should have been aware, of Army regulations and policies regarding driving under the influence of alcohol prior to the date of his misconduct.  Those policies include the issuance of a written administrative reprimand to a noncommissioned officer who has been convicted of driving off post with a BAC which is in violation of State law.  Accordingly, notwithstanding the applicant's contention that he feels that he has been punished sufficiently, the GOMOR, an administrative reprimand which is not punishment under the UCMJ, was properly issued and is properly filed in the performance portion of his OMPF in accordance with regulations and he has not convinced the Board that it should be transferred from the performance to the restricted portion of his OMPF.  

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

________  ________  ________  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AC9812892/AR1990015788	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	YYYYMMDD	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
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.