MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:       

	BOARD DATE:            9 May 2002
	DOCKET NUMBER:   AR2002067435

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Ms. JoAnn H. Langston		Chairperson	
	Mr. John N. Slone		Member	
	Mr. Terry L. Placek		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:  The removal from his Official Military Personnel File (OMPF) of a letter authored by his battalion commander on 18 November 1985. 

APPLICANT STATES:  That nonjudicial punishment (NJP) was imposed against him in October 1985 and the Record of NJP (DA Form 2627) was placed in the Restricted Fiche of his OMPF.  However, the battalion commander placed a letter on the Performance Fiche of his OMPF to explain the reason for the NJP being imposed.  He goes on to state that in the 17 years since this occurred he has excelled in his career and that he has patiently left the letter in his file, but now believes that it is preventing him from being promoted to the pay grade of E-8 and would like it removed.

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

He enlisted in New Haven, Connecticut, on 18 September 1979, for a period of 4 years, training as an airborne ranger in an infantry specialty and a cash enlistment bonus.  He successfully completed his training and was transferred to Hunter Army Airfield (HAAF), Georgia, where he was promoted to the pay grade of E-5 on 17 January 1982.

On 19 November 1985, while serving as a weapons squad leader at HAAF, the applicant received a relief for cause Noncommissioned Officer Evaluation Report (NCOER) covering the period from May 1985 to November 1985.  He received a rating score of 120.5 out of a possible 125 and the reviewer, the applicant’s battalion commander, attached a letter to the report as an enclosure (Part VIc) which indicates that the applicant was relieved for cause because he had sequestered, over a period of time, a quantity of ammunition, pyrotechnic and equipment off-post.  He indicated that the applicant was an exceptional squad leader and had great potential as a combat leader.  The letter was filed next to the NCOER on the performance fiche of his OMPF and there is no indication that he ever appealed it to the Enlisted Special Review Board.

He has remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-7 on 1 July 1992.

Army Regulation 635-205, in effect at the time, serves as the authority for the preparation of the NCOER.  It provides, in pertinent part, that an enclosure to an NCOER that does not exceed one page in length, may be prepared by the person directing a relief for cause, when necessary to explain the events surrounding the relief or discrepancies in ratings.

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 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.

2.  The Board has noted the applicant’s contention that the contested letter was filed on the performance fiche of his OMPF to explain the reason NJP was imposed against him and finds it to be without merit.  The contested letter is an enclosure to the relief for cause NCOER he received and it is properly filed in his OMPF.

3.  The Board has also noted the applicant’s contention that the letter is preventing his promotion to the pay grade of E-8, and finds it to be at best speculative on his part.  While it is a well known fact that promotion boards are not permitted, by law to disclose reasons for selection or nonselection, the applicant has not appealed the relief for cause NCOER and was still selected for promotion to the pay grade of E-7.

4.  While the Board understands the applicant’s concerns, the Army has an interest in maintaining such documents, and the applicant has not shown sufficient reasons why it should not remain a matter of record, even after considering his entire record.

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

__jhl____  __tlp ____  __js_____  DENY APPLICATION

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

INDEX

CASE ID	AR2002067435	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/05/09	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  328	134.0000/REM DER INFO	
2.		
3.		
4.		
5.		
6.