APPLICANT REQUESTS: In effect, that her military records be corrected by removing any derogatory information related to a charge of contraband.
APPLICANT STATES: That she was not charged with contraband; she bought her mother a refrigerator and later was informed that she was not entitled to make the purchase. When she attempted to enter the Active Guard Reserve (AGR) program, she learned of this charge.
EVIDENCE OF RECORD: The applicant's military records show:
She was born a Panamanian citizen on 20 March 1962 in Colon, Republic of Panama, and enlisted in the Regular Army for 4 years on 24 February 1987. Following completion of the required military training, she was assigned to duties as a food service specialist.
In 1991, the applicant, while assigned to a unit in Germany, took leave to visit her mother in Panama. While there, she purchased a refrigerator from the Post Exchange (PX) and had it delivered to her mothers home. She indicated on the purchase documents that she was a member of a unit located in Panama and that she resided in the unit barracks.
Contraband control agents conducting a routine review of purchase documents alerted to the applicants transaction and conducted an investigation. After the refrigerator was found at the applicants mothers Panamanian address, the applicant was asked to report to the contraband control office for questioning. She did and rendered a sworn, written statement indicating she bought the refrigerator for her mother and fully intended to leave it in Panama when she returned to Germany following termination of her leave.
The applicant was charged on a Military Police Report with signing a false official document and with a violation of local regulations concerning the transfer of duty free merchandise to unauthorized individuals. The MPs obtained the SC Form 55, Purchase Control Form, signed by the applicant. The form explains that the buyer must be a member of the U.S. Army Southern Command to be eligible to purchase a refrigerator. The applicant indicated she was a member of a unit stationed in Panama.
U.S. Army Southern Command policy provided that only personnel assigned to Panama could purchase major appliances through the PX system. Furthermore, for those personnel assigned for an initial 36 month tour, purchase of a refrigerator was authorized only once provided they were not furnished Government quarters, or upon permanent change of station from Panama.
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 applicant, while assigned to a unit in Germany and on leave in Panama, purchased a refrigerator for her Panamanian mother. In so doing, she acknowledged U.S. Army Southern Command purchasing policy and stated that she was a member of the command and entitled to make the purchase.
3. The applicant violated U.S. Army Southern Command policies regarding the purchase and transfer of duty free merchandise and was appropriately charged by military authorities.
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
DENY APPLICATION
Karl F. Schneider
Acting Director
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