MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           28 February 20002
	DOCKET NUMBER:   AR2001061350

	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. Beverly A. Young		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor		Chairperson	
	Ms. Celia L. Adolphi		Member	
	Mr. John T. Meixell		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 the memorandum, dated 29 April 1997, denying his reapplication to the Warrant Officer Candidate Program (WOCP) be removed from his Official Military Personnel File (OMPF).

APPLICANT STATES:  That the memorandum was placed in his permanent records with unfavorable information without referral to him for acknowledgement and rebuttal comments as referenced in Army Regulation 600-37, paragraph 3-3(f) and paragraph 3-6.  

In support of his application, he submits a copy of the memorandum, dated 29 April 1997 and two letters from the Chief of the Army Review Boards Agency Support Division in St. Louis, Missouri.

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

The applicant enlisted in the Regular Army on 23 September 1974 for a period of four years.  He successfully completed basic and advanced individual training and was honorably released from active duty on 22 September 1978.

The applicant provided a memorandum, dated 29 April 1997, from the Chief of the Warrant Officer Entry Section at the U.S. Army Reserve Personnel Command.  This memorandum informs the applicant that his resignation from the Warrant Officer Candidate Program had been received and that he was released from the program effective the date of the correspondence.  He was further informed that, based upon the unanimous recommendation of the cadre at WOCS, he was denied the opportunity to reapply at a later date.

Records show the memorandum was placed in the general administrative section of the applicant’s OMPF.

Army Regulation 600-8-104 (Military Personnel Information Management and 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 Army Board for Correction of Military Records, the Department of the Army Suitability Evaluation Board, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the Official Military Personnel File custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.

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.  Based on the governing regulation, documents filed in the Official Military Personnel File become a permanent part of that file and will not be removed from that file unless directed by the appropriate agency or when the documents have been improperly filed.  There is no evidence of record which shows the memorandum was improperly filed in his OMPF.

2.  The Board considered the applicant’s contention that the memorandum in question was placed in his permanent records with unfavorable information without referral to him for acknowledgement and rebuttal comments.  However, there is no evidence to suggest that the document in question was filed in error or that it being retained in the OMPF results in an injustice to the applicant.  Therefore, there is no basis for removing the memorandum from the applicant’s OMPF.

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

RVO_____  JTM_____  CLA_____  DENY APPLICATION

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

INDEX

CASE ID	AR2001061350	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020228	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	134.0200	
2.		
3.		
4.		
5.		
6.