| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Ms. JoAnn H. Langston | Chairperson | |
| Mr. John N. Slone | Member | |
| Mr. Terry L. Placek | Member |
APPLICANT REQUESTS: The removal from his Official Military Personnel File (OMPF) of a letter authored by his battalion commander on 18 November 1985.
APPLICANT STATES: That nonjudicial punishment (NJP) was imposed against him in October 1985 and the Record of NJP (DA Form 2627) was placed in the Restricted Fiche of his OMPF. However, the battalion commander placed a letter on the Performance Fiche of his OMPF to explain the reason for the NJP being imposed. He goes on to state that in the 17 years since this occurred he has excelled in his career and that he has patiently left the letter in his file, but now believes that it is preventing him from being promoted to the pay grade of E-8 and would like it removed.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in New Haven, Connecticut, on 18 September 1979, for a period of 4 years, training as an airborne ranger in an infantry specialty and a cash enlistment bonus. He successfully completed his training and was transferred to Hunter Army Airfield (HAAF), Georgia, where he was promoted to the pay grade of E-5 on 17 January 1982.
On 19 November 1985, while serving as a weapons squad leader at HAAF, the applicant received a relief for cause Noncommissioned Officer Evaluation Report (NCOER) covering the period from May 1985 to November 1985. He received a rating score of 120.5 out of a possible 125 and the reviewer, the applicant’s battalion commander, attached a letter to the report as an enclosure (Part VIc) which indicates that the applicant was relieved for cause because he had sequestered, over a period of time, a quantity of ammunition, pyrotechnic and equipment off-post. He indicated that the applicant was an exceptional squad leader and had great potential as a combat leader. The letter was filed next to the NCOER on the performance fiche of his OMPF and there is no indication that he ever appealed it to the Enlisted Special Review Board.
He has remained on active duty through a series of continuous reenlistments and was promoted to the pay grade of E-7 on 1 July 1992.
Army Regulation 635-205, in effect at the time, serves as the authority for the preparation of the NCOER. It provides, in pertinent part, that an enclosure to an NCOER that does not exceed one page in length, may be prepared by the person directing a relief for cause, when necessary to explain the events surrounding the relief or discrepancies in ratings.
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 this requirement.
2. The Board has noted the applicant’s contention that the contested letter was filed on the performance fiche of his OMPF to explain the reason NJP was imposed against him and finds it to be without merit. The contested letter is an enclosure to the relief for cause NCOER he received and it is properly filed in his OMPF.
3. The Board has also noted the applicant’s contention that the letter is preventing his promotion to the pay grade of E-8, and finds it to be at best speculative on his part. While it is a well known fact that promotion boards are not permitted, by law to disclose reasons for selection or nonselection, the applicant has not appealed the relief for cause NCOER and was still selected for promotion to the pay grade of E-7.
4. While the Board understands the applicant’s concerns, the Army has an interest in maintaining such documents, and the applicant has not shown sufficient reasons why it should not remain a matter of record, even after considering his entire 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
__jhl____ __tlp ____ __js_____ DENY APPLICATION
| CASE ID | AR2002067435 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/05/09 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 328 | 134.0000/REM DER INFO |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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