PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            11 February 2003
	DOCKET NUMBER:   AR2002078026

	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. Samuel A. Crumpler		Chairperson	
	Ms. Regan K. Smith		Member	
	Mr. Antonio Uribe		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 all documents in her Official Military Personnel File (OMPF) that relate to a juvenile offense that was expunged from her record.

3.  The applicant states that the juvenile records were expunged of an offense that occurred at the age of 16 and should not be a part of her OMPF. 

4.  The applicant’s military records show that on 18 June 1987, the Professor of Military Sciences at Purdue University submitted a request for a waiver of a civil conviction pertaining to the applicant, who was enrolled in the Reserve Officer Training Corps (ROTC) at the time.  The civil conviction consisted of an arrest for possession of alcohol by a minor in 1985.  The applicant petitioned the court to have the conviction expunged and the petition was approved by a Indiana Juvenile Court on 10 June 1987.

5.  The waiver conviction was approved on 30 June 1987 and the applicant was commissioned as a United States Army Reserve (USAR) second lieutenant on 5 May 1989.  She was promoted to the rank of captain on 1 November 1996.

6.  A review of the applicant's OMPF shows the documents in question are located in the disciplinary section of the performance fiche of her OMPF.  Her OMPF contains no other disciplinary information. 

7.  Army Regulation 600-8-104 serves as the authority for filing of documents in the OMPF.  It provides, in pertinent part, that records of civil convictions that are authenticated by civilian authorities will be filed in the commendatory/disciplinary section of the OMPF.   Minor offenses will not be filed.

CONCLUSIONS:

1.  At the time the request for a waiver of civil convictions had been filed, the applicant's juvenile conviction had already been expunged from her civil juvenile records.

2.  The applicant continued to participate in the ROTC Program and was subsequently commissioned in the USAR, where she has continued to serve as a commissioned officer.

3.  Accordingly, the Board finds that the presence of the documents in question serve no useful purpose.  However, they do serve as a negative detractor to her otherwise excellent record of service.  Therefore, the Board finds that it would be in the interest of justice to remove those documents from her OMPF.

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

RECOMMENDATION:  That all of the Department of the Army records related to this case be corrected by removing all documents from the OMPF of the individual concerned pertaining to her waiver of and expungement of her juvenile record.

BOARD VOTE:  

__sac___  ___rks___  ___au___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		___Samuel A. Crumpler____
		        CHAIRPERSON

INDEX

CASE ID	AR2002078026	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/02/11	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  328	134.0000/rem der info	
2.		
3.		
4.		
5.		
6.