Search Decisions

Decision Text

ARMY | BCMR | CY1997 | 9710524
Original file (9710524.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 10 November 1998
         DOCKET NUMBER: AC97-10524

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Loren G. Harrell Director
Ms. Deborah L. Brantley Analyst


The following members, a quorum, were present:

Mr. Calvin M. Fowler Chairperson
Ms. Irene N. Wheelwright Member
Ms. Margaret K. Patterson Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military records
         Exhibit B - Military Personnel Records (including advisory opinion,
         if any)


APPLICANT REQUESTS: That a 1985 General Office Letter of Reprimand be expunged from her records.

APPLICANT STATES: The letter has been in her file for 12 years and she feels “it has served its purpose.” She also notes that she was an E-4 at the time of the incident.

EVIDENCE OF RECORD: The applicant's military records show:

She entered active duty on 27 January 1983 at the age of 26. Her enlistment documents indicate she had been cited for public intoxication in 1978 and fined $50.00.

In October 1985, while assigned as an E-4 in the Sinai, she was punished under Article 15 of the UCMJ for operating a vehicle while under the influence of alcohol. The record of NJP was file in her restricted fiche but she also received a General Officer Letter of Reprimand which was filed on the performance portion of her Official Military Personnel File.

Prior to and following this 1985 incident the applicant’s records were generally above average. She had, for the most part, exceptional performance evaluations and was recognized with several individual decorations. She was promoted to pay grade E-6 in January 1994.

However, in November 1997, less than 60 days after she submitted her application to this Board, the applicant was relieved of her duties at Fort Riley, Kansas because her on-duty performance was affected by her off-duty alcohol abuse. The report notes that she “showed poor judgement by arriving for duty incapable of performing duties due to off-duty alcohol abuse.”

On 30 June 1998 the applicant was released from active duty under the voluntary early retirement program with 15 years, 5 months, and 4 days, of active Federal service.

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. The letter of reprimand was issued in accordance with appropriate regulations with no indication of procedural errors which would have tended to jeopardize the applicants rights and it was properly filed in her Official Military Personnel File.

2. The applicant had not one but three documented records of alcohol related incidents. While she contends the 1985 letter of reprimand had served it’s purpose clearly the 1997 relief for cause evaluation report, less than 60 days after she submitted her application to this Board, supports a conclusion that its purpose had not been served.

3. 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.

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

_CMF___ __INW__ ___MKP__ DENY APPLICATION




                                                      Loren G. Harrell
                                                      Director

Similar Decisions

  • ARMY | BCMR | CY1997 | 9710524C070209

    Original file (9710524C070209.TXT) Auto-classification: Denied

    The Board considered the following evidence: Exhibit A - Application for correction of military records Exhibit B - Military Personnel Records (including advisory opinion, if any) APPLICANT REQUESTS: That a 1985 General Office Letter of Reprimand be expunged from her records. APPLICANT STATES: The letter has been in her file for 12 years and she feels “it has served its purpose.” She also notes that she was an E-4 at the time of the incident. EVIDENCE OF RECORD: The applicant's military...

  • ARMY | BCMR | CY1997 | 9708876AC070209

    Original file (9708876AC070209.TXT) Auto-classification: Approved

    He then appealed to the Army Board for Correction of Military Records (ABCMR) to move his GOMOR to the restricted microfiche and to be promoted to 06. Mr. Paxson agreed with the majority to move the GOMOR to the restricted microfiche but recommended that the applicant be referred to the next Colonel promotion selection board for reconsideration for promotion instead of immediate promotion. Based on his outstanding performance before and after the incident and his significant contributions...

  • ARMY | BCMR | CY1997 | 9708876A

    Original file (9708876A.rtf) Auto-classification: Approved

    He then appealed to the Army Board for Correction of Military Records (ABCMR) to move his GOMOR to the restricted microfiche and to be promoted to 06. The key points of his testimony were that there was no damage to the statue base or that any repair was required as a result of the incident; that he counseled with the Major General senior commander on the issue of the GOMOR which they had intended to be filed in the applicant’s restricted microfiche; that no other disciplinary action was...

  • ARMY | BCMR | CY1997 | 9705439

    Original file (9705439.rtf) Auto-classification: Denied

    I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is...

  • ARMY | BCMR | CY1997 | 9711555

    Original file (9711555.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. On 19 November 1963, the appropriate separation authority approved the applicant’s discharge and directed he be reduced to pay grade E-1 and issued an...

  • ARMY | BCMR | CY1997 | 199705383

    Original file (199705383.rtf) Auto-classification: Denied

    Upon his return from leave on 22 September he was informed by the chief of Sergeant Major (SGM) assignments at the Total Army Personnel Command (PERSCOM) that he was being removed from the CSM assignment in Hawaii; that he should submit a request (DA Form 4187) to voluntarily withdraw from the CSM program, or barring that, he would remain at Fort Leonard Wood in order to appear before an administrative board, which process would take months. The EMPD director stated that PERSCOM had been...

  • AF | BCMR | CY2005 | BC-2005-01293

    Original file (BC-2005-01293.DOC) Auto-classification: Denied

    On 22 April 1998, his commander notified the applicant that he was being recommended for discharge due to his failure in Alcohol Abuse Treatment. The applicant was discharged effective 3 May 1998 with a honorable characterization of service, a separation code of HPD (Alcohol Rehabilitation Failure) and a reentry code of 2c (involuntarily separated with an honorable discharge). On 20 June 2005, the Air Force Personnel Center Separations Branch issued a DD Form 215, Correction to DD Form...

  • AF | BCMR | CY2003 | BC-2002-02626

    Original file (BC-2002-02626.doc) Auto-classification: Approved

    There is no documentation that reflects further evaluation of this history at the time of her enlistment. The applicant states that it was her depression resulting from the death of her 87 year-old father, in July 1996, and from mistreatment at work by her supervisors that caused her to abuse alcohol and hallucinogenic mushrooms. An April 1995 emergency room entry reported use of alcohol on the day of the incident leading to her emergency care.

  • ARMY | BCMR | CY1997 | 9711784

    Original file (9711784.rtf) Auto-classification: Denied

    The applicant submitted an appeal of the bar to reenlistment with the support of his chain of command to the Department of the Army Standby Advisory Board at the Enlisted Records and Evaluation Center (EREC). The DASEB denied his request. The applicant received a reprimand from his company commander and a letter of concern from his battalion commander and was counseled on several occasions by his commanders regarding his conduct in these matters.

  • ARMY | BCMR | CY1997 | 9709510

    Original file (9709510.rtf) Auto-classification: Denied

    In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file. In 1962 the applicant petitioned the Army Discharge Review Board to grant him a medical discharge stating that he had been under the care of a psychiatrist at...