MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           27 June 2002
	DOCKET NUMBER:   AR2002071762

	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. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Ms. Irene N. Wheelwright		Chairperson	
	Ms. Kathleen A. Newman		Member	
	Mr. Richard T. Dunbar		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 a memorandum of reprimand (MOR) issued on 9 November 1994, and all associated documents, be removed from the restricted fiche (R-fiche) of his Official Military Personnel File (OMPF).

APPLICANT STATES:  That the MOR has had a positive effect on him and that he no longer engages in the type of behavior that led to the reprimand.  He adds that he has continued his years of responsible service and wants his records to reflect the type of NCO (noncommissioned officer) he is today.

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

He is a staff sergeant (SSG/E-6).  In 1994, he was a sergeant (SGT/E-5) stationed at Fort Stewart, Georgia.  On 30 October 1994, civilian police apprehended him for suspected drunk driving.  He was given a breathalyzer test and registered a .22 reading (.10 was considered legally drunk).

The applicant was administered a MOR by the acting commander of Fort Stewart on 9 November 1994.  The MOR was placed in his OMPF.

Following the CY1996 Master Sergeant Selection/Sergeant QMP (Qualitative Management Program) Board, the applicant was notified on 16 April 1996 that he was receiving a Department of the Army (DA) bar to reenlistment because of the MOR in his records.  He appealed the DA-imposed bar to reenlistment on 7 May 1996 and, on 21 October 1996, he was notified that his appeal had been approved.

On 15 July 1999, the applicant applied to the DA Suitability Evaluation Board (DASEB) to have the MOR removed from the performance portion of his OMPF and placed on his R-fiche.  On 13 December 1999, the DASEB approved the transfer of the MOR to his R-fiche.

Army Regulation 190-11 (Motor Vehicle Traffic Supervision) requires, in pertinent part, that a written general officer reprimand be issued to active duty Army officers, commissioned and warrant, and noncommissioned officers, to include soldiers in the grade of E-4 appointed on official orders to corporal, for driving or being in physical control of a motor vehicle on post when the blood alcohol content is 0.10 percent or higher, irrespective of other charges, or off post when the blood alcohol content is in violation of State laws, irrespective of other charges.. Subsequent filing of the reprimand will be in accordance with the provisions of AR 600-37.  

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 applicant was a drunk driver.  In accordance with applicable Army regulations, he was given an administrative MOR.  The MOR was filed in the performance portion of his OMPF.

3.  The applicant's career was nearly ended when he was given a DA-imposed bar to reenlistment under the QMP based upon the MOR.  He successfully appealed the bar.  He was also successful in getting the DASEB to transfer the MOR to his R-fiche.

4.  Drunk driving is a serious offense.  In FY2000, 57 soldiers died in privately-owned vehicle accidents; alcohol was a contributing factor in many of these fatalities.  The Board feels that the alcohol-related MOR's should not be expunged from a soldier's record; however, the Board concurs with the DASEB action to remove the MOR to the applicant's R-fiche where it will not be readily available for review during routine personnel actions, but will remain a part of his 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

__inw___  __kan___  __rtd___  DENY APPLICATION

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

INDEX

CASE ID	AR2002071762	
SUFFIX		
RECON		
DATE BOARDED	20020627	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	134.0100.0002	
2.		
3.		
4.		
5.		
6.