RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            26 October 2006
      DOCKET NUMBER:   AR20060014004


      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. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Robert Rogers                 |     |Member               |
|     |Mr. John Heck                     |     |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 that the results of his Special Court-Martial be
transferred to the Restricted Fiche of his Official Military Personnel File
(OMPF).

2.  The applicant states, in effect, that he has recovered totally, has
reenlisted once and advanced three times in pay grade since his court-
martial conviction.  He contends that the court-martial has served its
purpose and should be transferred to the Restricted Fiche of his OMPF.  He
also states that it would be unjust for him to have to endure the continued
effect of the court-martial conviction given that he cooperated fully with
authorities and has been an impeccable Soldier since that event.

3.  The applicant provides a copy of the court-martial order.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in Chicago, Illinois, on 21 November 1996 for a
period of 3 years and training as a petroleum supply specialist.  He
completed his training and has remained on active duty through a series of
continuous reenlistments.  He was promoted to the pay grade of E-5 on 1
November 2000.
2.  On 6 August 2001, he was convicted, pursuant to his plea, by a special
  court-martial of one specification of unlawfully carrying and concealing
on his body, two .380 caliber pistols and one specification of intent to
prevent the seizure, dispose of two .380 caliber pistols.  He was sentenced
to a reduction to the pay grade of E-3, a forfeiture of $500.00 per month
for 3 months and to be reprimanded.

3.  The applicant’s reprimand was included on the court-martial order and
reprimanded the applicant for his lack of discipline and complete failure
to act as a United States Army Soldier, when he unlawfully concealed two
firearms in his privately owned vehicle and then tried to dispose of them
to prevent their seizure. The reprimand further stated that the applicant’s
choice to illegally bring two concealed pistols onto Fort Hood, Texas, in
direct contradiction to known law, was a proximate cause of the weapons
being fired and endangering Soldiers present in the area.  The court-
martial order is filed on the performance fiche of his OMPF.

4.  On 10 October 2002, the applicant reenlisted in the pay grade of E-4
for a period of 6 years, a selective reenlistment bonus (SRB) and
assignment to Korea with a return assignment to Fort Stewart, Georgia.

5.  The applicant was again promoted to the pay grade of E-5 on 1 February
2003 and to the pay grade of E-6 on 1 December 2004.

6.  Army Regulation 600-8-104, prescribes the policies, operating tasks and
steps governing the maintenance of the OMPF.  It provides, in pertinent
part, that court-martial orders will be filed on the performance fiche of
the OMPF only when a finding of guilty is given on at least one
specification.  Remove the order if all charges and specifications are
later dismissed or if all findings of guilty have been reversed in a
supplemental order.

DISCUSSION AND CONCLUSIONS:

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 the requirement.

2.  The applicant was convicted pursuant to his pleas of guilty to the
specifications charged and the special court-martial order was properly
filed on the performance fiche of his OMPF as required by the applicable
regulations.

3.  While the Board understands the applicant’s desire to have the document
removed, 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.

4.  Therefore, lacking evidence to show that the court-martial order was
unjustly or incorrectly  filed on his OMPF, there appears to be no basis to
transfer the court-martial order to the Restricted Fiche of his OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MT __  ___RR __  ___JH __  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.





                                  ______  Marla Troup_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014004                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061026                                |
|TYPE OF DISCHARGE       |N/A AC Soldier on AD                    |
|DATE OF DISCHARGE       |N/A AC Soldier on AD                    |
|DISCHARGE AUTHORITY     |N/A AC Soldier on AD                    |
|DISCHARGE REASON        |N/A AC Soldier on AD                    |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |281/EXP REC OF SPCM                     |
|1.126.0400              |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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