PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 January 2000                   
	DOCKET NUMBER:   AR1999028001

	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.  

	Mrs. Nancy Amos		Analyst	

  The following members, a quorum, were present:

	Ms. Erin J. Olmes		Chairperson	
	Mr. John D. Miller		Member	
	Mr. James M. Alward		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 letter of reprimand dated 11 March 1987 be expunged from his records.

3.  The applicant states that he was never given the letter of reprimand and did not know it was filed in his Official Military Personnel File (OMPF) until 1999.

4.  The applicant’s military records show that he enlisted in the U. S. Army Reserve on 2 June 1984.

5.  A letter of reprimand dated 11 March 1987, signed by the applicant’s detachment commander, is filed in his OMPF, disciplinary data section.  There is no evidence this letter was referred to the applicant for comment or rebuttal nor forwarded to higher authority for approval for filing in his OMPF.  

6.  Army Regulation 600-37 sets forth policy and procedures to authorize placement of unfavorable information about Army members in individual official personnel files; ensure that unfavorable information that is unsubstantiated, irrelevant, untimely or inaccurate is not filed in an individual official personnel files; and ensure that the best interest of both the Army and the soldier are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files.  In pertinent part, it states that a letter to be included in a soldier’s OMPF will be referred to the recipient concerned for comment.  A letter may be filed in the OMPF only upon the order of a general officer or by direction of an officer having general court-martial jurisdiction over the individual. 

CONCLUSIONS:

1.  The Board concludes that an injustice was done in this case.  There is no evidence of record to show that the letter of reprimand dated 11 March 1987 was referred to the applicant nor that an officer having general court-martial jurisdiction directed its filing in his OMPF as required by regulation.  The letter of reprimand should be expunged from his OMPF.

2.  In view of the foregoing, it would be in the interest of justice to correct the applicant’s records as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by:

     a.  expunging the letter of reprimand dated 11 March 1987 from the applicant’s OMPF; and

     b.  in accordance with Army Regulation 15-185, paragraph 21e, following completion of the administrative corrections directed herein, the proceedings of the Board and all documents related to this appeal, will be returned to the board for permanent filing.

BOARD VOTE:  

__ejo___  __jdm___  __jma___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Erin J. Olmes
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR1999028001	
SUFFIX		
RECON		
DATE BOARDED	20000105	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	134.01	
2.		
3.		
4.		
5.		
6.