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.
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 applicants 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 its 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
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