MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:             24 June 2003                  
	DOCKET NUMBER:    AR2003090471

	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. Ronald E. Blakely		Member	
	Mr. Frank C. Jones, II 		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, the removal of Noncommissioned Officer Education System (NCOES) code D (Declinee) from her record, reinstatement to the United States Army Sergeants Major Academy (USASMA) Selection List, and the opportunity to attend the Sergeants Major Course (SMC) at the USASMA.  

APPLICANT STATES:  In effect, that she was inappropriately removed from the 2000 Command Sergeant Major (CSM), Sergeant Major (SGM), SMC list.  She claims that the initiator of the removal action was not in her chain of command on the date removal was requested.  She claims that she had signed out of the unit on 1 July 2001, prior to the date the removal action was initiated.  She also states that she was never notified of the action or its consequences in writing.  She states that she was never afforded the opportunity to submit matters in rebuttal, and the action was not approved by the officer exercising general court-martial authority over her.  In support of her request, she submits a copy of a leave form (DA Form 31), Permanent Change of Station (PCS) orders, a 2 August 2001 Memorandum, Subject:  Removal from USASMA Selection List, and a Memorandum, dated 3 August 2001, Subject:  CY 00 CSM/SGM/SMC USASMC Select Removal Action.  

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

As of the date of his application, the applicant was serving on active duty in Europe as a Master Sergeant/E-8 (MSG/E-8).  

On 30 June 2001, a General Officer Memorandum of Reprimand (GOMOR) was prepared on the applicant by the Commanding General (CG), Third United States Army (TUSA), United States Army Forces Central Command (CENTCOM), 
Fort McPherson, Georgia.  The GOMOR was the result of the applicant submitting a fraudulent Temporary Duty (TDY) voucher and processing several fraudulent vouchers while she was serving as the Noncommissioned Officer in Charge (NCOIC) of the Camp Doha Finance Office in Kuwait.  

On 1 July 2001, the applicant prepared a rebuttal to the GOMOR and requested that it be filed locally in her Military Personnel Records Jacket (MPRJ) rather than in her Official Military Personnel File (OMPF).  In this rebuttal, the applicant stated that she was not refuting the numerous findings articulated in the GOMOR, and that she took full responsibility for her mistakes.  

On 19 July 2001, the CG TUSA, after considering the circumstances surrounding the applicant’s misconduct as described in the GOMOR, and the applicant’s response, directed that the GOMOR be filed in her OMPF.  On 2 August 2001, the CG requested that the applicant be removed from the USASMA list based on misconduct articulated in the GOMOR.  

On 3 August 2001, the Chief, NCOES Branch, U.S. Total Army Personnel Command (PERSCOM), officially removed the applicant from the USASMA selection list based on the misconduct outlined in the GOMOR.  Accordingly, the applicant was placed in a Declinee status, and NCOES Code D was entered in her record.  

The applicant provides a copy of a DA Form 31, dated 1 July 2001, which shows that she signed out of her unit at Camp Doha, Kuwait, on PCS leave, on 1 July 2001.  

Army Regulation 600-89 prescribes the data code structures used to report and record personnel data via the automated Personnel Information System (PERSINS).  Code Number 49 pertains to noncommissioned officer education.  It states that the code is used to report the highest Noncommissioned Officer Education System (NCOES) professional development level attained. Code D is used to identify a USASMA declination.  

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 notes the applicant’s contention that the NCOES code D currently recorded in her record should be removed because the individual that initiated the action no longer exercised general court-martial convening authority over her when the removal action was initiated.  However, it finds this factor is not sufficiently mitigating to warrant the requested relief.  

2.  The evidence of record confirms that the applicant received a GOMOR on 
30 June 2001, for offenses that she admitted to committing.  Although the filing determination and request to have her removed from the USASMA list were not actually submitted until after she had departed the command, this does not change the validity of the actions being processed.  The initial GOMOR on which all subsequent actions were based was in fact prepared and presented to the applicant in writing prior to her departure from the command. 

3.  The request to have her removed from the USASMA list was carefully considered and approved by the proper Department of the Army authority, and her record was updated with the appropriate NCOES code D accordingly.  The Board finds no error or injustice related to this action, and it concludes it was appropriate based on the misconduct documented in the GOMOR.  

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

__MKP__  __REB__  __FCJ _  DENY APPLICATION

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

INDEX

CASE ID	AR2003090471	
SUFFIX		
RECON		
DATE BOARDED	2003/06/DD	
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.  1037	118.0100	
2.		
3.		
4.		
5.		
6.