MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           19 December 2000
	DOCKET NUMBER:   AR2000049449

	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. Michael L. Engle		Analyst	

  The following members, a quorum, were present:

	Mr. James P. Huber 		Chairperson	
	Mr. Raymond J. Wagner		Member	
	Mr. Kenneth L. Wright		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 the record of nonjudicial punishment (NJP) be removed from his official military personnel file (OMPF).

APPLICANT STATES:  That the NJP was suspended for 90 days, after which it was to be dropped by the battalion commander.  He contends that he was told it would not be placed in his OMPF if he completed the period of suspension without further incident.

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

He enlisted in the Army on 8 May 1991 for 5 years.  He successfully completed his initial training and served in a series of assignments.  He attained the rank of sergeant on 1 January 1996 and was still on active duty at the time of his application to this Board.

On 21 May 1996 the applicant received NJP under the provisions of Article 15, Uniform Code of Military Justice, for being disrespectful in language and deportment toward a noncommissioned officer in the execution of his office.  The punishment included reduction to specialist E-4, a forfeiture of $250.00, extra duty and restriction for 45 days.  The commander suspended the punishment of reduction and restriction, to be remitted, if not vacated before 19 August 1996.

The commander directed filing of this NJP in the performance section of the applicant’s OMPF.  The applicant elected not to appeal the NJP.

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.  In the absence of evidence to the contrary, it is presumed that the applicant’s NJP for being disrespectful in language and deportment was accomplished in compliance with applicable regulations with no indication of procedural errors which would tend to jeopardize his rights.

2.  The Board notes that the applicant has not denied being disrespectful in language and deportment and chose not to submit an appeal of the punishment at the time.

3.  If being “dropped” means the NJP would not be filed in his OMPF, then the applicant has submitted no evidence, and there is none in the record, that indicates the imposing officer intended that the NJP be dropped after 90 days.

4.  The Board notes that the punishment included a 90-day suspension of reduction to pay grade E-4 and 45 days restriction, after which both punishments would be automatically vacated.  This does not mean however, that there would be no record of the NJP.

5.  The imposing officer clearly indicated on the NJP that it was to be made a matter of record by directing its filing in the performance section of the applicant’s OMPF.

6.  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

__ JPH__  __ RJW__  __ KLW _  DENY APPLICATION

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

INDEX

CASE ID	AR2000049449	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20001219	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	126.04	
2.		
3.		
4.		
5.		
6.