APPLICANT REQUESTS: That all adverse documentation be removed from the restricted portion of his official military personnel file (OMPF) fiche, and that his relief for cause noncommissioned officer evaluation report (NCOER) be removed from the performance portion of his OMPF.
APPLICANT STATES: He has performed active duty in the Active Guard and Reserve (AGR) program since April 1983, performing duties as a field recruiter, and has always met his monthly mission requirements. In April 1991 he was relieved of his duties for improper recruiting practices. However, his duty performance before and after that incident has been nothing less than superior, which is supported by his NCOERs. Although his exemplary performance has been recognized by the Department of the Army in the lifting of his DA bar to reenlistment, this one isolated incident has hindered his career advancement. In support of his application he submits numerous laudatory letters submitted in his behalf.
EVIDENCE OF RECORD: The applicant's military records show:
He entered on active duty in the AGR program as a field recruiter in pay grade E-5 on 3 April 1983. He was promoted to pay grade E-6 on 1 October 1985 and to pay grade E-7 on 24 December 1988.
On 23 October 1989 the applicant was given a letter of reprimand (LOR) for driving while intoxicated (blood alcohol level of .27 percent), and for losing control of his vehicle while so intoxicated resulting in his running into a guardrail. The applicant elected not to make a statement in his own behalf when he was given the LOR.
In April 1994 the applicant was notified that he had not been selected for retention by the Calendar Year 1994 AGR Sergeant Major/Master Sergeant Qualitative Management Program (QMP) board, and that he had been barred from reenlistment by Department of the Army. The applicant submitted an appeal to the bar, submitting numerous laudatory letters in his own behalf. On 5 October 1994 the applicant was notified that his appeal had been approved, that his bar to reenlistment had been lifted.
The performance portion of the applicants OMPF fiche starts with his Enlisted Evaluation Report (EER) for the period covering July 1986 through June 1987. He received maximum ratings for that EER and for his EER covering the period July 1987 though May 1988. On his NCOER for the period covering June 1988 through May 1989, his rating showed that he was not considered to maintain high standards of personal conduct on and off duty. In that NCOER it was explained that the applicant had been Recently convicted of driving while intoxicated. Although that NCOER generally contained positive statements on his performance, he was only given Success ratings in the Values, NCO Responsibilities portion of the NCOER (the second best rating in a field of four ratings, the highest being Excellence, the worst being Needs Much Improvement). His next NCOER was average and the one following it, covering the period March 1990 though February 1991, rated the applicant as Needs some improvement in competence. Bullet comments in that area show that he Lacks sound judgment in processing applicants which has resulted in two investigations and Has failed to achieve assigned mission during fiscal year 1991. His next NCOER, for the period covering only March 1991, was a relief for cause report. That report was directed by the Commanding General, Recruiting Command, based on an investigation which concluded that the applicant committed recruiting improprieties. The last three NCOERs of record all rate the applicant as exhibiting above average performance.
Army Regulation 600-37 (unfavorable information) provides in pertinent part, that administrative letters of reprimand may be issued by an individual's commander, by superiors in the chain of command, and by any general officer or officer exercising general court-martial jurisdiction over the soldier. The letter must be referred to the recipient and the referral must include and list applicable portions of investigations, reports or other documents that serve as a basis for the reprimand. Statements or other evidence furnished by the recipient must be reviewed and considered before filing determination is made. Letters of reprimand may be filed in a soldier's OMPF only upon the order of a general officer level authority and are to be filed on the performance fiche. The direction for filing is to be contained in an endorsement or addendum to the letter. If the reprimand is to be filed in the OMPF then the recipient's submissions are to be attached. Once filed in the OMPF the reprimand and associated documents are permanent unless removed in accordance with chapter 7.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. The issuance of the LOR was accomplished in accordance with the applicable regulation and was appropriate to the situation. Driving while intoxicated, especially when the intoxication results in a soldier losing control of an automobile, demonstrates a serious lack of judgment on the part of the soldier. It is noted that the applicant did not in any way contest the LOR.
2. The applicants relief for cause NCOER was directed by the Commanding General of Recruiting Command, based on the results of two investigations. Again, there is no record of the applicant having in any way contested his relief for cause or his coinciding NCOER. As such, that NCOER is considered to be properly issued and filed in his OMPF.
3. Contrary to the applicants contention, his service record is not so exemplary as to warrant removing the adverse documents from his OMPF. Of the nine EERs/NCOERs contained in the applicants OMPF, only five would be considered above average reports. Of the remaining four, one would be considered average and three would be considered below average or adverse. Three substandard reports, one of which was relief for cause, and an LOR for DWI do not constitute one isolated incident as stated by the applicant.
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
DENY APPLICATION
Karl F. Schneider
Acting Director
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