MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  11 January 2001
	DOCKET NUMBER:  AR2000045905

	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. Lee Cates		Analyst	

  The following members, a quorum, were present:

	Mr. Ernest M. Willcher		Chairperson	
	Mr. Donald P. Hupman		Member	
	Ms. Ann M. Campbell		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: That a General Officer Memorandum of Reprimand (GOMOR) be moved from his Performance Fiche (P-fiche) to his Restricted Fiche (R-fiche).  

APPLICANT STATES: That he was told that this letter does not accurately reflect what happened.  He was advised by the JAG (Judge Advocate General) to take the letter and try to have it removed instead of going to a court-martial for such a minor accusation.  He provides copies of letters of support and copies of his Officer Evaluation Reports, which will be included in his Official Military Personnel File (OMPF).  He also indicates that he has been falsely accused.

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

On 22 June 1998, the applicant, serving in the rank of Chief Warrant Officer Three, purchased a watch in the Post Exchange at Fort Carson, Colorado for $269.00.  Less than 20 minutes later, he placed his old watch in the box and returned it to the exchange for a full refund.

On 18 August 1998, he made a sworn statement to the Military Police that it was an inadvertent mistake, even though the watches were physically very different.  The same day, the applicant made similar statements to his Commanding General.

On 1 December 1998, the Commanding General issued the applicant a GOMOR for his misconduct in which he advised him of his intent to file it in his OMPF.

On 16 February 2000, the Department of the Army Suitability Evaluation Board (DASEB) denied his appeal to transfer the GOMOR.  It concluded that the GOMOR had not served its purpose and that he has not adequately demonstrated that he has learned his lesson.  The DASEB did recognize his solid performance of his technical duties; however, he provided no evidence to indicate successful rehabilitation.

Army Regulation 600-37 (Unfavorable Information) and Army Regulation 600-8-104 (Military Personnel Information Management/Records) indicates, in pertinent part, that administrative letters of reprimand from general officers will be filed in the P-fiche as a permanent document when directed.

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. There is no evidence of record that the applicant has demonstrated that he has learned his lesson, that the GOMOR has served its purpose or that he has provided evidence to indicate successful rehabilitation.
2.  The applicant has not accepted responsibility for his actions and the fact that he committed a crime of theft.

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:

___ew_____  ___ac___  ________ GRANT

________  ________  ________ GRANT FORMAL HEARING

___dh___  ________  ________ DENY APPLICATION

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

INDEX

CASE ID	AR2000045905	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010111	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.100	GOMOR move to R-fiche  	
2.		
3.		
4.		
5.		
6.