PROCEEDINGS

IN THE CASE OF: 	 

BOARD DATE:	4 February 1999
DOCKET NUMBER:	AC87-09130A
	AR1999016056

	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	
	Mr. Gerald E. Vandenberg		Analyst	

  The following members, a quorum, were present:

	Ms. JoAnn H. Lansgston		Chairperson	
	Mr. Arthur A. Omartian		Member	
	Mr. Van B. Cunningham		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 the record of proceedings of nonjudicial punishment (NJP) imposed under Article 15, Uniform Code of Military Justice (UCMJ), dated 28 August 1981, be removed from the performance section of his Official Military Personnel File (OMPF) and transferred to a restricted (R) fiche.

3.  The applicant states, in effect, that he believes that the intent of the punishment has been served and the retention of the NJP in his performance file has and will continue to adversely affect his career and advancement potential.  In light of his 16 years of honorable service following this event, he believes that it is in the interest of justice to move the NJP and thereby allowing him to remain competitive for continued promotion and other career opportunities.  He avers that the NJP has been the cause for his being passed over for promotion to Sergeant First Class.

4.  The applicant entered active duty on 15 May 1981 and has had continuous active service since that date.  His records show that he has received very high marks on his enlisted evaluations with very favorable notations of his dedication to the Army and potential for advancement.  He has numerous notations of “distinguishes himself well above his peers”.  His list of duty assignments supports these statements by reflecting positions of increasing authority and responsibility.  The applicant is currently a Staff Sargent serving as the Fifth Battalion, 87th Infantry, S-4 supervisor in Panama.

5.  His military awards and decorations include a Meritorious Service Medal, the Army Commendation Medal with two oak leaf clusters, the Army Achievement Medal with four oak leaf clusters, and the Good Conduct Medal, fifth award.

6.  The only derogatory entry in the applicant’s file relates to the 28 August 1981 NJP he received for possession of marijuana.  The punishment imposed by that action was a reduction from E-2 to E1, forfeiture of $112.00 per month for one month, 14 days restriction and 14 days extra duty. 

CONCLUSIONS:

1.  The commission of the offense in 1981 appears to have been a single uncharacteristic act for this applicant.  He record does reveal that he did learn a very important lesson and more importantly that he has not let the one negative incident divert him from giving the Army his best efforts.

2.  The applicant is aware of the seriousness of his infraction and accepts full responsibility for the incident.  While the commission of the drug offence is very serious, the applicant’s behavior and dedication to the Army clearly mitigates the situation.

3.  Considering the nature of the offense involved and the applicant's commendable performance during the subsequent sixteen years, it appears that the subject punishment has served the purpose for which it was intended.  In the interest of justice, it would now be appropriate to remove the record from the performance section of his OMPF.  To fail to do so would be inequitable and unjust.  However, since this decision is based only on intent served, the applicant is not eligible for promotion reconsideration to pay grade E-7.

4.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by transferring from the performance fiche to the restricted fiche of the OMPF, of the individual concerned, the record of proceedings dated 28 August 1981, and all documents related thereto.

BOARD VOTE:  

___JHL__  ___AAO_  ___VBC__GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

	                                              ___JoAnn H. Langston____
		        CHAIRPERSON

INDEX

CASE ID	AC87-09130
AR1999016056	
SUFFIX	A	
RECON		
DATE BOARDED	19990204	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT 	
REVIEW AUTHORITY		
ISSUES         1.	126/227	
2.	126/1033	
3.		
4.		
5.		
6.