MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           30 September 1998                                      
	DOCKET NUMBER:   AC98-09843

	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	
	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright 		Chairperson	
	Mr. Raymond V. O’Connor, Jr. 		Member	
	Mr. James M. Alward 		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:  Removal of the letter of reprimand dated 17 June 1977 from his records and promotion to Major.

APPLICANT STATES:  His judgment was severely impaired at that time due to the extreme pain he was suffering with the headaches caused by a tumor.

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

He had prior enlisted service in the U. S. Navy .  He was commissioned a second lieutenant in the U. S. Army Reserve and entered active duty on              6 February 1968 as an Air Defense Artillery officer.  

On his Report of Medical History dated 2 July 1974, when he completed a physical examination for entry into the Nuclear Surety Program, he listed his present health as “good” and made no mention of “frequent or severe headaches.”

On 17 June 1977, the applicant received a letter of reprimand for improper conduct.  Apparently, the appropriate authority made the decision to file it in his Official Military Personnel File (OMPF).

On 4 April 1978, the applicant completed a separation physical.  On his Report of Medical History he listed his present health as “…good health” and made no mention of “frequent or severe headaches.”

On 31 May 1978, he was relieved from active duty and transferred to the U. S. Army Reserve Control Group (Reinforcement).

On 12 March 1983, the applicant completed a physical examination for appointment in the Ready Reserve.  The only significant history noted was residuals of a gun shot wound to the chest with a history of a broken collar bone and rib.  No mention is made of a complaint of headaches.  On his Report of Medical History he listed his present health as “good” and made no mention of “frequent of severe headaches.”  On 10 June 1983, the applicant entered the Ready Reserve in the rank of Captain.

On 12 July 1985, the applicant requested transfer of the letter of reprimand from the performance portion of his fiche.  He made note of mitigating circumstances that was supported by an enclosure to his request.  The enclosure is not available and he does not state what it may have been.  His commander recommended approval, but apparently the appropriate authority made the decision the letter of reprimand was to be retained on his performance fiche.

On 31 August 1987, the applicant was reassigned to the U. S. Army Control Group (Retired Reserve) by reason of his second non-selection for promotion.

On 5 June 1991, the applicant was admitted to the hospital for surgery to remove a diagnosed cerebral tumor.  The summarized history of the present illness noted he had a one year history of progressive emotional apathy and “just not acting right.”  Over the last several months, he had noted severe holocephalic headaches and other symptoms.

Army Regulation 600-37 provides that unfavorable information that should be filed in the official personnel files include indications of substandard leadership ability, promotion potential, morals and integrity.  These must be identified early and shown in those permanent official personnel records that are available to personnel managers and selection board members for use in making such personnel decisions. 

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.  Considering the applicant’s grade and time in service, the appropriate commander made a valid decision to file the letter of reprimand in the performance fiche of his OMPF.

3.  The applicant has provided no evidence to show he was suffering from any type of medical problems that may have affected his judgment at the time.  Evidence in his military medical records show that he was in good health from 1974 to 1983 with no complaints of “frequent or severe headaches.”  His VA medical records show that he did not complain of severe headaches until several months prior to his hospitalization in 1991 and no complaint of “not acting right” until a year prior to his hospitalization.

4.  Even if the letter of reprimand had not been in his OMPF, the applicant has provided no evidence that that was the sole reason he was twice non-selected for promotion to Major.

5.  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