MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:      18 March 1998
	DOCKET NUMBER:   AC98-05666

	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.  The following members, a quorum, were present:

	Mr.	John N. Slone		Chairperson	
	Mr.	Thomas N. Kuhn		Member	
	Ms.	Celia L. Adolphi		Member	

	Also present, without vote, were:

	Mr.	Karl F. Schneider		Acting Director	
	Mr.	Jessie B. Strickland		Analyst	

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

	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, the removal of all records of proceedings of nonjudicial punishment (NJP) from his Official Military Personnel File (OMPF).

APPLICANT STATES:  In effect, that he has one record on NJP on his restricted fiche and one record of NJP on his performance fiche of his OMPF that he desires to be removed in their entirety.

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

The applicant enlisted on 17 January 1985 for a period of 3 years and has remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-6 on 1 March 1997.

On 17 December 1987, while serving in the pay grade of E-4 at Fort Sill, Oklahoma, NJP was imposed against the applicant for uttering bad checks in the amount of $1,600.00.  His punishment consisted of a reduction to the pay grade of E-3, a forfeiture of pay, and 5 days extra duty and restriction.  He did not appeal his punishment and the imposing commander directed that the record of NJP be filed on the restricted fiche of his OMPF.

On 31 July 1989, while serving in the pay grade of E-4 in Germany, NJP was imposed against the applicant for stealing four speakers from the PX valued in excess of $1,000.00.  His punishment consisted of a reduction to the pay grade of E-4, a forfeiture of pay for 2 months (suspended), and 30 days extra duty.  He did not appeal his punishment and the imposing commander directed that the record of NJP be filed on the performance fiche of his OMPF.

A review of the applicant’s records failed to show that the applicant ever applied to the Department of the Army Suitability Evaluation Board (DASEB) to have the record of NJP transferred to the restricted fiche of his OMPF.

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

1.  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 the aforementioned requirement.

2.  The records of proceedings of NJP are properly filed in his OMPF in accordance with the applicable regulations and the applicant has failed to show any good reason for removing them from his records. 

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

 TNK     JS      CLA   DENY APPLICATION

						Karl F. Schneider
						Acting Director