APPLICANT REQUESTS: The transfer of a record of proceedings of nonjudicial punishment (NJP) dated 20 March 1992 from the performance fiche of his Official Military Personnel File (OMPF) to the restricted fiche of his OMPF.
APPLICANT STATES: That since the NJP was imposed he has continued to pursue his goal of a career in the Army by proving that the Army can benefit from having him serve in its ranks. He further states that he has viewed the NJP as a challenge to his goal and that the NJP created a full self-accounting of all of his personal and professional affairs to ensure that his goals were attainable. He goes on to state that the NJP served its intended purpose by creating an extremely focused and dedicated soldier, which is reflected by his subsequent evaluation reports. In support of his application he submits two letters of support from his battalion commander.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 14 July 1983 and served until 2 August 1989 when he was honorably discharged in the pay grade of E-5 for the purpose of entering active duty as a warrant officer.
He was appointed as an aviation USAR warrant officer one (WO1) on 3 August 1989, with a concurrent call to active duty. He was immediately transferred to Germany for duty as an aeroscout pilot in a cavalry (aviation) unit.
While assigned to that unit, the applicant was deployed to Southwest Asia in support of Operation Desert Storm, where he was awarded the Distinguished Flying Cross and the Bronze Star Medal for heroism and extraordinary achievement while participating in aerial flight. He was still serving in the rank of WO1. He was subsequently promoted to the rank of CW2 on 3 August 1991.
On 20 March 1992 NJP was imposed against the applicant by the division commander (major general) for being drunk and disorderly on 22 November 1991. His punishment consisted of a forfeiture of $900.00 for 2 months. The imposing officer directed that the record of proceedings of NJP (DA Form 2627) be filed on the performance fiche of his OMPF. The applicant did not appeal the punishment.
On 24 August and 6 November 1995, the applicant applied to the Department of the Army Suitability Evaluation Board (DASEB) requesting transfer of the record of proceedings of NJP to his restricted fiche. His contentions to that board were essentially the same as his contentions to this Board. The DASEB denied his requests and explained the rationale for their denial in the case summary (COPY ATTACHED).
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 appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy the aforementioned requirement.
2. The record of NJP was properly filed on the performance fiche of the OMPF in accordance with applicable regulations.
3. Careful consideration has been given to the applicants service before, during, and after the imposition of NJP. However, the applicant has failed to convince the Board that transfer of the record of proceedings of NJP is in the interest of justice.
4. In view of the foregoing, there is no basis for granting the applicants 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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