MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:     

	BOARD DATE:          13 May 2003                  
	DOCKET NUMBER:   AR2003087017

	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. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Ms. Margaret K. Patterson 		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Lawrence Foster 		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 a General Court-Martial (GCM) order, dated 15 February 1995, be removed from the restricted portion (R-Fiche) of his Official Military Personnel File (OMPF).

APPLICANT STATES:  In effect, that the GCM order in question shows that he was found not guilty of the charge, and he believes the order should be removed from his R-Fiche due to the fact that it has appeared in the performance portion (P-Fiche) of his OMPF on several occasions. 

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

As of the date of his application to this Board, he was still serving on active duty in the rank and pay grade of major/0-4.  

On 3 February 1995, a GCM panel found the applicant not guilty of conduct unbecoming an officer by fraternizing with an enlisted female soldier under his command.  This decision was documented in GCM Order Number 3, dated 
15 February 1995, issued by Headquarters, 2nd Infantry Division, APO AP 
96258-0289.  This GCM was filed in the R-Fiche of the applicant’s OMPF, where it currently remains on file.

Army Regulation 600-8-4 prescribes the policies and mandated operating tasks for the Military Personnel (MILPER) Information Management/Records Program of the Military Personnel System.  Chapter 2 contains the policy governing the filing of documents on the OMPF.  Table 2-1 (Composition of the OMPF) states, in pertinent part, that court-martial orders with not guilty findings will be filed on the R-Fiche.

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.  The Board carefully considered the applicant’s request that a GCM order filed on the R-Fiche of his OMPF that contains a not guilty finding be removed from his record because it continues to show up on his P-Fiche.  However, it finds insufficient evidence to support this claim.  

2.  The evidence of record confirms that on 3 February 1995, a GCM panel found the applicant not guilty of fraternization with a female soldier under his command. It also shows that the order documenting this decision was filed in the R-Fiche portion of the applicant’s OMPF in accordance with the applicable regulation.  The Board is satisfied that all requirements of law and regulation were met and that the applicant’s rights were fully protected in this process.  

3.  The Board carefully considered the applicant’s claim that the document should be removed from his R-Fiche because it continues to show up on his 
P-Fiche.  However, it finds no evidence showing that the applicant has suffered an injustice as a result of this document being properly filed in his OMPF.  Thus, the Board finds that the requested relief is not warranted in this case. 

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 that would satisfy this requirement.

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

___TK__  __LF____  __MP__  DENY APPLICATION

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

INDEX

CASE ID	AR2003087017	
SUFFIX		
RECON		
DATE BOARDED	2003/05/13	
TYPE OF DISCHARGE	N/A	
DATE OF DISCHARGE	N/A	
DISCHARGE AUTHORITY	N/A	
DISCHARGE REASON	N/A	
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  267	123.0700	
2.		
3.		
4.		
5.		
6.