MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:           16 OCTOBER 2001                   
	DOCKET NUMBER:   AR2001060770

	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	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor 		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Donald P. Hupman, Jr.		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 his Special Court-Martial (SPCM) Order Number 9, dated 10 September 1985, be transferred from his performance fiche to the restricted portions of his Official Military Personnel File (OMPF).

APPLICANT STATES:  That at the time of his court-martial he was a young and inexperienced soldier and was unaware of the ramification of misusing his ration control plate, that he has learned from his past mistakes and has focused all of his energy on being a credit to the Army.  He further states that he has continued to serve his country with honor, as reflected in his duty performance over the past 18 years, and has received five Good Conduct Medals, five Army Commendation Medals and three Army Achievement Medals.

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

On 2 November 1982, he enlisted in the Regular Army for a period of 3 years.  He continues to serve, and is presently with the 244th Quartermaster Battalion, 23rd Quartermaster Brigade, Fort Lee, Virginia.   

On 23 August 1985, the applicant was convicted by a special court-martial of purchasing duty-free/tax-free goods, valued at more than $5,800.00, with the intent to produce an illicit income by illegally transferring these goods to unauthorized persons.  His sentence included reduction to the pay grade E-1 and 3 months confinement.  

The applicant was 24 years of age and was serving in the pay grade of E-2 at the time of his court-martial conviction.  

The applicant was awarded his 5th Good Conduct Medal in January 1998, his 
3rd Army Achievement Medal in July 1992, and his 5th Army Commendation Medal in July 2000.  He was also awarded the National Defense Service Medal and the Joint Service Commendation Medal. 

The applicant's noncommissioned officer evaluation reports (NCOER's) indicate his service since his court-martial conviction has been successful.  His overall potential for promotion and service in positions of greater responsibility has been rated as among the best. 

Army Regulation 600-8-104 prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and the Army Personnel Qualification Records.  Table 2-1 of that regulation provides, in pertinent part, that court-martial orders that have at least one approved finding of guilty on one specification would be filed in the performance fiche of the OMPF. 

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 spite of the fact that the applicant's service since 1985 has been successful, his court-martial conviction and the filing of it on his performance fiche were fully warranted by the facts of the case.

2.  Transferring the applicant's special court-martial conviction to his restricted fiche would place him on a level playing field with soldiers whose careers have not been marred by such incidents.

3.  The filing of the court-marital conviction on the applicant's performance fiche was in compliance with applicable laws, regulations and policies.  The sentence imposed was neither unjust nor disproportionate to the offenses, and there is no evidence of any substantive violation of any of the applicant's rights that would justify transferring his court-martial conviction to his restricted fiche.

4.  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 to show that there was an error or injustice in this case.

5.  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

__RVO__  __RKS __  __DPH __  DENY APPLICATION

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

INDEX

CASE ID	AR2001060770	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20011016	
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.	134.00	
2.		
3.		
4.		
5.		
6.