MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            29 August 2000
	DOCKET NUMBER:   AR2000044867

	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. Carl W. S. Chun		Director	
	Mr. Joseph A. Adriance		Analyst	

The following members, a quorum, were present:

	Mr. John D. Miller		Chairperson	
	Mr. Roger Able		Member	
	Mr. Charles Gainor		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:  In effect, that documents that include references to substance abuse contained in waiver packets be removed from his Official Military Personnel File (OMPF). 

APPLICANT STATES:  In effect, that the documents in question are contained in pre-enlistment and pre-commissioned waivers he submitted that were ultimately approved in 1987 and 1993 respectively.  The timeframe involved in the substance abuse incidents documented in the waiver packets is 1983 to 1985 and took place two years prior to his entering the Army.  His subsequent record of service includes over 4 years of honorable active duty service in an enlisted status that resulted his honorable discharge as a Sergeant on 5 July 1991.  He also has continuously served on active duty as a commissioned officer from 1995 to the present day.  He expresses concern that the information alluded to will unfairly reflect on him during promotion and command selection boards.  

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

He served on active duty in an enlisted status for 4 years, 4 months, and 24 days and was honorable discharged from that period of active duty on 5 July 1991 in the rank of Sergeant/E-5.  In June 1995, he was appointed a 2nd Lieutenant in the Medical Service Corps and entered active duty.  He attained the rank of Captain on 1 June 1999 and continues to serve on active duty.  He is currently performing duties at the Medical Department Activity, Fort Polk, Louisiana.

The applicant’s OMPF contains documents which refer to the applicant’s substance abuse by the use of illegal drugs.  These documents were included in waiver packets for both the applicant’s initial enlistment in the Army and a later waiver for entry in the advanced course of the Reserve Officer Training Program (ROTC), which ultimately lead to his appointment and entry on active duty as a commissioned officer.

Army Regulation 600-8-104 prescribes the policy for the filing of documents in the OPMF.  Table 2-1 contains guidance on the composition of the OMPF and on the proper filing disposition and location of specific documents.  This table indicates, in pertinent part, that documents related to waiver requests for enlistment or appointment are to be filed in the service computation portion of the OMPF.  

Paragraph 2-3 of the regulation outlines the composition of the OMPF and specifically identifies the performance fiche as the section of the OMPF that is, in effect, used by career managers and selection boards for personnel management decisions.  The service computation portion of the service fiche is used primarily to maintain a record of soldier’s military service. 

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.  The Board noted the applicant’s contention and understands his concern over the documents in question remaining on file in his records.  However, in the opinion of the Board, there is no evidence to suggest that the documents in question are filed in error or that retaining them the OMPF results in some particular injustice to the applicant.  

2.  The documents were properly filed in the service computation portion of the OMPF, in accordance with the applicable regulation.  In addition, by regulation, all documents related to the granting of waivers for induction, enlistment, or appointment are authorized to be filed in the service computation section of the OMPF, but are not used by the Army in making personnel management decisions.  Therefore, the Board finds no basis for removing these documents from his OMPF, and further concludes that granting the applicant’s request would result in no effective relief.

3.  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 this requirement.

4.  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

__jdm ___  __ra ____  ___cg___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2000044867	
SUFFIX		
RECON		
DATE BOARDED	2000/08/29	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  267	123.0700	
2.		
3.		
4.		
5.		
6.