IN THE CASE OF:	  

		BOARD DATE:  17 April 2012

		DOCKET NUMBER:  AR20110020512 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests a letter of reprimand (LOR), dated 8 September 1980, be removed from his military personnel records jacket (MPRJ).

2.  The applicant states the LOR stated it would not be permanently filed in his official military personnel file (OMPF) but it has been in his records for over 31 years and he would like it destroyed.  This should have been done when he was separated from the Army in 1981.  He served honorably for 9 years and one infraction should not be in his records this long when it was the intent of the commander that the LOR was to be destroyed upon his release from active duty.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty), orders, six letters, and three certificates.

CONSIDERATION OF EVIDENCE:

1.  Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's records show he enlisted in the Regular Army on 22 December 1972 and he held military occupational specialties 71L (Administrative Specialist) and 00J (Club Manager).  

3.  He was promoted to the rank of staff sergeant (SSG) on 22 February 1980.  He was assigned to Headquarters Company, Headquarters Command, Hunter Army Airfield (HAAF), GA.  

4.  His MPRJ contains the following:

	a.  A LOR, dated 8 September 1980, from the Commander, Headquarters Command, Colonel REO.  The LOR stated, in pertinent part, "It is my intention to recommend this letter be temporarily filed in your MPRJ until your permanent change of station (PCS) from this installation or your expiration of term of service (ETS), whichever is sooner."

	b.  An indorsement to the LOR, undated, wherein the applicant acknowledged receipt of the LOR and elected not to submit a statement on his own behalf.

	c.  A letter, dated 6 November 1980, wherein the staff judge advocate stated the LOR and acknowledgement of receipt had been reviewed and the Commander, 24th Infantry Division and Fort Stewart, Fort Stewart, GA, had determined, "The reprimand currently will not be placed in [the applicant's] OMPF.  Accordingly, it is directed that this reprimand be temporarily placed in [the applicant's] MPRJ until he departs this command on PCS or ETS, whichever occurs first.  Any further misconduct on [the applicant's] part will result in reconsideration of this LOR or transfer from temporary filing to permanent filing in his OMPF."

5.  During the month of July 1981, the applicant received an Enlisted Evaluation Report (EER) which covered 11 months of rated time from September 1980 through July 1981 for his duties while serving as the manager of the HAAF Officer's Club.  The EER shows the following:

	a.  His rater, a civilian, recommended the applicant be promoted immediately and stated the applicant "distinguished himself by outstanding performance of duty…he was a definite asset to the U.S. Army."



	b.  His indorser, a major, stated the applicant's "performance of duty was superior…his contributions gained him the recognition and respect of his employees, peers, and superiors…he had a great amount of potential for future achievement."  

6.  He was honorably discharged from active duty on 30 July 1981 in the rank of SSG by reason of completion of required service.  He completed 8 years, 7 months, and 9 days of creditable active service.

7.  A review of the applicant's OMPF performance and restricted fiche shows the LOR and related documents are not filed in his OMPF.

8.  Army Regulation 600-37 (Unfavorable Information) governs the filing of documents in the OMPF and the MPRJ.  The regulation in effect at the time, stated, in pertinent part, that the authority to issue and direct the filing of LOR, admonition, and censure in the MPRJ of enlisted personnel was restricted to the recipient’s immediate commander or a higher commander in his or her chain of command.  A letter designated for filing in the MPRJ may only be filed for a period not to exceed 3 years or until reassignment of the recipient to another general court-martial jurisdiction, whichever is sooner.  Such a letter will state the length of time it is to remain in the MPRJ.  A letter, regardless of the issuing authority, may be filed in the OMPF kept by the military personnel center only upon the order of a general officer having general court-martial jurisdiction over the individual.  Letters filed in the OMPF will be filed on the performance fiche of the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the LOR the applicant received in September 1980 was directed for temporary filing in his MPRJ by the issuing authority as authorized by the governing regulation.  The commanding general also directed the LOR be temporarily filed in the applicant's MPRJ until he departed the command, unless there was further misconduct and then it would be permanently filed in his OMPF

2.  A review of his OMPF reveals the LOR was not filed in his OMPF and the EER he received for the period September 1980 through July 1981 confirms his performance of duty was outstanding during that period.  It appears when the applicant ETS in July 1981 the LOR was inadvertently retained in his MPRJ.  Therefore, he is entitled to the requested relief.




BOARD VOTE:

___X____  ___X ___  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* removing the Letter of Reprimand, dated 8 September 1980, and allied documents from his MPRJ
* ensuring the copy of the Letter of Reprimand and allied documents he submitted with his application are not filed in his MPRJ



      _________X____________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20110020512





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ABCMR Record of Proceedings (cont)                                         AR20110020512



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