RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           18 November 2003
      DOCKET NUMBER:   AR2003084612


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Mark D. Manning               |     |Member               |
|     |Ms. Barbara J. Ellis              |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that the record  of  his  nonjudicial  punishment
(NJP) under the provisions of Article 15, Uniform Code of Military  Justice,
and his letter of  removal  from  the  Drill  Sergeant  Development  Program
(DSDP) be removed from his OMPF (Official Military  Personnel  File)  or  be
transferred to the restricted portion of his record.

2.  Since the documents in question have already been moved to the
restricted portion of his OMPF, the Board will be address only the issue of
removal will be addressed.

3.  The applicant states, in effect, that he made a mistake when reporting
the cost of repair of a grandfather clock damaged in transportation of his
household goods.  He states that the misrepresentation resulted in a denial
of his total claim for reimbursement, the issuance of the NJP, and his
removal from the DSDP.

4.  He states that he has learned from his mistakes and the NJP has served
its purpose.  He further states, in effect, that as a result of this
incident, the Qualitative Management Program (QMP) imposed a bar to
reenlistment.  He that these items will continue have a negative impact on
his career.

5.  The applicant provides 14 pages of correspondence relating to his QMP
appeal and 6 letters of support submitted during his QMP appeal.

CONSIDERATION OF EVIDENCE:

1.  The records show that he entered active duty on 2 February 1987 and has
had continuous active duty through the current time.

2.  He was promoted to sergeant in January 1990, staff sergeant in June
1991, and sergeant first class in January 1998.

3.  In 1998 he received orders to attend the DSDP.  In concert with his
transfer, he reported several items had been damaged.  He submitted a
request for repair or replacement that included a total of $270.00 for
repair of a grandfather clock.

4.  In March 1998 the request for reimbursement was denied.  The denial was
based on the fact that he submitted an invoice showing the clock repair as
only $70.

5.  Based in the finding that he had submitted a fraudulent claim for
repairs he received NJP and was removed from the DSDP.  In addition to the
removal from the DSDP he forfeited $200 per month for two months.


6.  The disenrollment notification states that he was disqualified from
future consideration of the Drill Sergeant Program.

7.  In January 1999 the applicant was notified that his records had been
reviewed, under the QMP.  A bar to reenlistment had been imposed based on
the NJP and The DSDP removal.

8.  In June 1999 he successfully appealed the QMP action and all reference
to the bar was removed from his records.

9.  On 3 January 2003 the applicant submitted a request to the Army
Suitability Board to have the derogatory information removed or transferred
from the performance portion of his OMPF.

10.  A 24 January 2003 memorandum, from the Assistant President of the Army
Suitability Board, indicated that that board had reviewed the request and
approved the transfer of the NJP and letters related to his disenrollment
from the DSDP to the restricted portion of his OMPF.

11.  Other than the NJP in question there are no indications in his record
of any other infractions or disciplinary actions.

DISCUSSION AND CONCLUSIONS:

1.  The NJP was proper and the applicant has provided insufficient evidence
to show that retaining it in his restricted OMPF has or will impact his
future military career.

2.  The applicant’s removal from the DSDP carries with it disqualification
for future consideration in the DSDP.  Because of this, the
disqualification must be accessible in the event of future considerations
for attendance in the program.

3.  The Army has an obligation to maintain a complete and accurate record
of an individual's service.  The placement of a record of certain
discreditable information on the restricted fiche enables the Army to
maintain that historical record without unduly jeopardizing the
individual's career.

4.  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.

5.  In view of the foregoing, there is no basis for granting the
applicant's request.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JNS___  __MDM _  __BJE___  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            _       John N. Slone_________
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2003084612                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20031118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |                                        |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |126.03                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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