PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:  20 March 2001
	DOCKET NUMBER:  AR2000049403

	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. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Raymond J. Wagner		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, in effect, that the Memorandum for Record, dated 
11 July 1995, from US Army Enlisted Records and Evaluation Center be removed from his Performance Fiche, Disciplinary Data Section of his Official Military Personnel File (OMPF).

3.  The applicant states, in effect, that the aforementioned memorandum was erroneously placed in the Disciplinary Data Section of his Performance Fiche.  
In support of his application he submits a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), copy of Assignment Order for the 
Army Guard/Reserve (AGR) Program, dated 6 August 1992, copy of Transition Memorandum (amending discharge date), dated 21 August 1992, copy of Headquarters, United States Army Garrison Orders 160-004, dated 14 August 1992, and a copy of a Memorandum for Record, dated 11 July 1995, from the US Army Enlisted Records and Evaluation Center.

4.  The applicant’s military records show that he enlisted on 2 September 1982 as an administrative specialist.  He continued to serve until he was honorably released from active duty on 1 September 1985 and was transferred to the USAR Control Group (Reinforcement).  He reenlisted on 20 March 1986 and continued to serve through a series of continuous reenlistments until he was
honorably discharged on 21 August 1992 under the provisions of Army Regulation 635-200, chapter 16, FY 92 Early Release Program – Special Separation Benefit.  On 22 August 1992 he was ordered to active duty in the AGR Program and is currently serving on active duty in the USAR.

5.  The applicant’s Performance Fiche, Disciplinary Data Section, shows the Memorandum for Record dated 11 July 1995 from the US Army Enlisted Records and Evaluation Center.  The memorandum indicates that the applicant was “released from military control and dropped from the Army rolls, administrative, by authority of the Deputy Chief of Staff of Personnel (DCSPER) on 920822
(22 August 1992).”

6.  The applicant’s official personnel records do not show that the applicant was ever AWOL, or apprehended by military or civilian authorities.

7.  The applicant’s OMPF contains a DD Form 214 which was authenticated in his own hand on 21 August 1992.

8.  Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Paragraph 2-4 of this 
regulation states that once a document is placed in the Official Military Personnel 
File it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.  

CONCLUSIONS:

1.  The evidence of record shows that the applicant was honorably discharged on 21 August 1992.  The memorandum prepared by the US Army Enlisted Records and Evaluation Center was erroneously placed in the Disciplinary Data Section of the Performance Fiche.

2.  Since the applicant’s OMPF now contains the proper discharge documents,
the 11 July 1995 memorandum no longer serves a purpose and the Memorandum of Record should be expunged from the applicant’s records.

3.  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 for the individual concerned be corrected by “blackening out” the Memorandum for Record, dated 11 July 1995 from the Disciplinary Data section of the Performance Fiche.

BOARD VOTE:  

__fe___  ___wp___  __rw___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2000049403	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010320	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19920821	
DISCHARGE AUTHORITY	AR .635-200.	
DISCHARGE REASON		
BOARD DECISION	GRANT	
		
ISSUES         1.  281		
2.		
3.		
4.		
5.		
6.