RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            8 November 2005
      DOCKET NUMBER:   AR20050010350


      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             |
|     |Ms. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Ms. Diane J. Armstrong            |     |Member               |
|     |Ms. Delia R. Trimble              |     |Member               |

      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 in effect, removal or placement into his
restricted portion (R-Fiche) of his Official Military Personnel File (OMPF)
of Headquarters, United States Army Communications Electronics Command and
Fort Monmouth, Fort Monmouth, New Jersey General Court-Martial Orders
Number (#) 1, dated 22 November 2002.

2.  The applicant states, in effect, that during the period 8 November 1998
and
8 August 2001 he was assigned by his supervisor as the Property Book
Officer (PBO) and the Non-commissioned Officer in Charge (NCOIC) of the
Logistics Division but was not the approving authority or reviewing
authority for purchases made using the government International Merchant
Purchase Authorization Card (IMPAC), his supervisor still held this
responsibility.  He also states, in effect, that his supervisor tasked
another Soldier with ordering all non-medical supplies for the health
clinic.  He states, that this Soldier with out his knowledge was unlawfully
using her government IMPAC for personal use.

He states, in effect that after being questioned by the S-4 section at West
Point, New York in regards to purchases this Soldier made at the Home
Depot,
he questioned her about these charges in which she claimed the charges were
made for Facilities Management.  He then questioned the validity of her
claim and contacted the store in which the purchases were made and was
informed by the manager that the charges were for gift cards for personal
purpose.  He states that he then reviewed other IMPAC statements and
discovered that there was $7000.00 worth of unauthorized charges made.  He
further states, that after discovering the amount of unauthorized charges
that were made on this Soldier's IMPAC, he immediately informed his
supervisor and the company commander of his findings in which they reported
this to the Criminal Investigation Division (CID).

3.  The applicant provides the following documents in support of his
application:  Self-Authored Letter, dated 12 May 2005; IMPAC card
statement, dated 23 April 2001; General Court Martial Order Number 1,
Issued by Headquarters, United States Army Communications-Electronics
Command and Fort Monmouth, Fort Monmouth, New Jersey, dated 22 November
2002; Sworn Statement (applicants), dated 2 July 2001; Department of Army
Result of Trial, dated
5 December 2001; Petition for Clemency, dated 6 November 2002; Supervisor
Memorandum of Support, dated 4 March 2003 and NCOIC Memorandum of Support,
dated 1 March 2003.



CONSIDERATION OF EVIDENCE:

1. The applicant’s record shows he is currently serving on active duty, in
      the
rank of staff sergeant (SSG), and is serving as a member of Headquarters,
Eighth United States Army, in Korea.

2.  The applicant’s record contains a copy of Headquarters, United States
Army Communications Electronics Command and Fort Monmouth, Fort Monmouth,
New Jersey General Court-Martial Orders Number (#) 1, dated 22 November
2002.  These orders confirm the applicant was found guilty of one
specification of violating Article 92 of the Uniform Code of Military
Justice (UCMJ) of dereliction of duty by willfully failing to ensure a
subordinate only used their IMPAC credit card for authorized purchases.

3.  The applicant provides memorandums of supporting statements for his
Noncommissioned Officer Evaluation Report (NCOER) from his previous
supervisor and the NCOIC of the Pharmacy Service Clinic stationed at Fort
Monmouth, New Jersey at the time of the incident.  Both officials gave the
applicant their highest recommendation and support and further confirmed
that the applicant was not the approving authority or reviewing authority
for purchases made by the Logistic Division during the time of the misuse
of the IMPAC card, and in fact that it was his supervisor that was the
approving authority/billing official.

4.  Army Regulation 600-8-104 (Military Personnel Information Management
/Records) prescribes the policies and mandates operating tasks for the
Military Personnel (MILPER) Information Management/Records Program of the
Military Personnel System.  Chapter 2 contains guidance on the OMPF.  Table
2-1 outlines the composition of the OMPF.  It states, in pertinent part,
that
Court-martial orders will be filed in the P-Fiche of the OMPF when there is
an approved finding of guilty on at least one specification.

5.  Army Regulation 600-37 (Unfavorable Information) sets forth policies
and procedures on the authorization for placement of unfavorable
information about Army members in individual official personnel files.  It
also contains the policy for appealing/petitioning for removal from or
transfer of documents in the OMPF.  It provides provisions for
removing/transferring letters of reprimand, admonition, censure, and
Article 15s.  However, there are no provisions provided for the removal or
transfer of a court-martial order.




DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to remove the GCM orders in question from his
OMPF, or to transfer these orders from the P-Fiche to the R-Fiche of his
OMPF, and the supporting documents he submitted were carefully considered.
However, regulations governing the composition of the OMPF and the
removal or transfer of unfavorable information provide no provisions that
allows removal of court-martial orders from the OMPF, or their transfer to
the R-Fiche.

2.  The supporting statements from the applicant’s supervisor and the NCOIC
of the Pharmacy Service Clinic are noteworthy and were also carefully
considered.  However, the evidence of record confirms the applicant’s court-
martial was accomplished within the governing laws and regulation and his
rights were fully protected throughout the process.  Therefore, there is an
insufficient evidentiary basis to support removal or transfer of this
properly filed document from the OMPF.

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 this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___SK __  __DJA __  __  DRT    GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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.




            ____Stanley Kelley_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050010350                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005-11-08                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |Active Duty                             |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |N/A                                     |
|BOARD DECISION          |Partial Grant                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |126.0400.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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