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ARMY | BCMR | CY1997 | 9711094
Original file (9711094.rtf) Auto-classification: Denied
APPLICANT REQUESTS: That his record of court-martial be transferred from his performance fiche to his restricted fiche.
APPLICANT STATES : That, while at the U.S. Army Retraining Brigade, he was informed that after being a successful graduate from the program all records of his court-martial would be placed in his restricted fiche.

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

He was born on 9 December 1959. He completed 11 years of formal education. He enlisted in the Regular Army on 14 January 1977 for 4 years.

On 6 June 1979, the applicant was convicted by a special court-martial for wrongfully possessing 352 grams, more or less, of marijuana. He was sentenced to confinement at hard labor for 90 days, to be reduced to pay grade E-1, and to forfeit $279 pay for 6 months.

On 5 February 1981, the applicant was relieved from active duty, in pay grade E-4, upon completion of his normal expiration term of service. He had completed 4 years of creditable active federal service. He had some lost time due to his confinement but the DD Form 214 on his fiche is unreadable.

At the time of his application, he was an Active Guard Reserve (AGR) member.

Army Regulation 640-10 prescribes instructions for preparing, maintaining and disposing of Army Personnel Qualification Records. Table 4-1 prescribes the composition of the Official Military Personnel File (OMPF). The filing instructions for court-martial orders are to file the orders on the “P,” performance fiche when there is an approved finding of guilty on at least one specification. The court-martial orders will be filed on or moved to the restricted fiche only if all approved findings are not guilty, or if all charges and specifications are later dismissed or if all findings of guilty have been reversed in a supplemental order.

 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.

2. The subject court-martial order is filed in accordance with applicable regulatory guidance.

3. 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




                                                      Loren G. Harrell
                                                       Director

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