PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            30 April 2002
	DOCKET NUMBER:   AR2001066182

	I certify that hereinafter is recorded the true and complete record of the proceedings 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:

	Mr. Arthur A. Omartian		Chairperson	
	Mr. Hubert O. Fry, Jr.		Member	
	Mr. Thomas E. O’Shaughnessy, Jr.		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
            records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests the removal of a letter of reprimand (LOR) from his records.

3.  The applicant states, in effect, that a LOR dated 10 August 1996, was unjustly placed in his records without his knowledge and without being referred to him, in violation of the applicable Army Regulations. 

4.  The applicant’s military records show that on 10 August 1996, while he was serving as a major in a United States Army Reserve (USAR) Troop Program Unit (TPU) in Ohio, his commander issued a formal LOR on the applicant for leaving annual training in Michigan without authority.  The LOR indicates that the commander issued the LOR and directed that it be filed in the applicant’s Military Personnel Records Jacket (MPRJ).  There is no indication that the LOR was ever referred to the applicant for acknowledgement or rebuttal.

5.  On 20 September 1996, orders were published by the Division Headquarters, which reassigned the applicant from the TPU to the USAR Control Group (Reinforcement), effective 12 August 1996 (2 days after the LOR).  The orders indicate that he was reassigned due to employment conflicts.

6.  A review of the applicant’s OMPF shows that the LOR is currently filed on the MPRJ and the Restricted Fiche of his OMPF.  There is no evidence with the LOR to indicate that it was ever referred to the applicant.

7.  Army Regulation 600-37 prescribes policies and procedures regarding unfavorable information considered for inclusion in official personnel files.  It states, in pertinent part, that a letter, regardless of the issuing authority, may be filed in the OMPF only upon the order of a general officer or officer having general court-martial jurisdiction over the recipient.  The direction for filing in the OMPF will be contained in an endorsement or addendum to the letter.  However, before a letter may be filed in local files, the MPRJ or the OMPF, it must be referred to the recipient concerned for comment, it must include reference to the intended filing of the letter, and must be signed by an officer authorized to direct such filing.  The referral documents must be filed with the reprimand as well.

CONCLUSIONS:

1.  The Board believes that the primary issue in this case is whether the LOR was properly imposed in accordance with the applicable regulations regarding the filing of unfavorable information.  Accordingly, the Board finds that the LOR was not imposed in accordance with applicable regulations; in that it was not referred to the applicant with the intended filing decision by the officer authorized to do so, or any other officer for that matter.

2.  Given the absence of any evidence to show that the LOR was referred, it appears that the LOR was issued without the applicant’s knowledge just 2 days prior to his being reassigned and that he did not discover its presence in his records until after the fact.

3.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by removing the LOR dated 10 August 1996, and all related documents pertaining to the individual concerned from the MPRJ and Restricted Fiche of his OMPF. 

2.  Following completion of the administrative corrections directed herein, the proceedings of the Board and all documents related to this appeal be returned to this Board for permanent filing.

BOARD VOTE:  

___teo __  ___hof __  ___ao___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Arthur A. Omartian____
		        CHAIRPERSON

INDEX

CASE ID	AR2001066182	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/04/30	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  328	134.0000/REM LOR	
2.		
3.		
4.		
5.		
6.