MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:            28 January 1999                                       
	DOCKET NUMBER:    AR1999014851

	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. Loren G. Harrell		Director	
	Mr. Robert J. McGowan		Analyst	

  The following members, a quorum, were present:

	Mr. Luther L. Santiful 		Chairperson	
	Mr. Robert W. Garrett 		Member	
	Mr. Curtis L. Greenway 		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 Record of Nonjudicial Punishment (NJP), DA Form 2627, dated 1 February 1990, be expunged from his record.

APPLICANT STATES:  That the subject NJP has caused him to lose a civilian employment position on 13 March 1998; 8 years after the imposition of the NJP, and 4 years after his retirement with an honorable discharge.  He states that he has completed an undergraduate degree and is working on a Master’s Degree.

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

He was inducted into the Army of the United States on 24 April 1972.  He enlisted in the Regular Army on 13 February 1974 and remained on continuous active duty until his retirement with an honorable discharge on 30 April 1994 with 22 years, 2 months, and 7 days of creditable active Federal service.

On 10 March 1989, the applicant accepted an appointment as a warrant officer WO-1.  It was during this period that he received the subject NJP for shoplifting a bottle of cologne, valued at $26.00, from the Post Exchange.  He was punished by a letter of reprimand, forfeiture of $975 per month for 2 months, and restriction for 30 days.  On 23 December 1990, he was honorably discharged as a WO-1 under the provisions of Chapter 8, AR 635-120, for misconduct, moral or professional dereliction.  He had 18 years and 8 months of creditable active Federal service at the time and was allowed to reenlist as an E7, sergeant first class.

On 10 December 1998, the Board sent the applicant a letter requesting additional information on the situation involving the lost employment opportunity, but he did not respond.

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 the aforementioned requirement.

2.  The NJP was imposed in compliance with applicable laws, regulations and policies.  The punishment imposed was neither unjust nor disproportionate to the offense, and the record of proceedings was filed in accordance with applicable regulations.

3.  The applicant has not provided evidence to expand on his claim that the NJP is causing him undue hardship at this point in his life.
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

___LLS _  __RWG__  __CLG __  DENY APPLICATION

						Loren G. Harrell
						Director

INDEX

CASE ID	AR1999014851	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990128	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)	
REVIEW AUTHORITY		
ISSUES         1.	126.0400	
2.		
3.		
4.		
5.		
6.