APPLICANT REQUESTS: In effect, that a record of nonjudicial punishment (NJP) he received on 1 March 1991 be removed from all Army records and that the removal be reported to the Federal Bureau of Investigation (FBI) so that the record of NJP can be removed from their files.
APPLICANT STATES: That the record of NJP contained in his official military records and FBI records is hindering his advancement in his current career of law enforcement. He goes on to state that the NJP was the only infraction on his records and he desires to have it removed.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army for 3 years on 14 June 1982 and remained on active duty through a series of reenlistments. He was promoted to the pay grade of E-6 on 18 August 1989.
On 1 March 1991, while serving as a drill sergeant at Fort Gordon, Georgia, NJP was imposed against the applicant for conspiracy and wrongful possession of a false military identification card. His punishment consisted of a reduction to the pay grade of E-5 (suspended for 6 months) and a forfeiture of $500.00 for 2 months. He did not appeal his punishment.
The applicant was also relieved for cause from his position as a drill sergeant and subsequently transferred to Korea.
On 15 January 1992 the applicant was notified that the calendar year 1991 Sergeant First Class Promotion Selection Board had determined that based on the aforementioned relief for cause noncommissioned officer evaluation report (NCOER) and the record of NJP, he was barred from reenlistment under the Qualitative Management Program (QMP). There is no indication that the applicant appealed the bar to reenlistment.
On 28 April 1992 he was honorably discharged under the provisions of Army Regulation 635-200, paragraph 16-8 and the QMP. He had served 9 years, 10 months, and 15 days of total active service and received $8,906.64 in separation pay.
In the processing of this case, a staff member contacted the FBI to ascertain what information is contained in the FBI files. Officials at the FBI indicated that he had been titled by the Army Criminal Investigation Command (CID) in March 1991 for conspiracy, possession of a false ID card, false swearing, and making false official statements. He received NJP and was reduced to the rank of sergeant (suspended) and fined $1,000.00.
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. It appears that the applicant's acceptance of NJP was properly reported in accordance with the DOD policy and applicable regulations.
3. It appears that the applicant believes his offense was a minor infraction and based on his having not done it again, it should be removed from official records because it impedes his employment opportunities in law enforcement. The Board notes that the record of NJP is present in the official records not because of what the Army did but because of the applicants own misconduct.
4. Furthermore, the applicant should be aware, based on his stated career field of law enforcement, of the importance of maintaining such records. Likewise, the evidence he submitted to this Board does not warrant removing the record of proceedings of NJP from the record.
5. 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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