IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140015568
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 documents related to his 1997 removal from the Basic Noncommissioned Officers Course (BNCOC) for driving under the influence (DUI) be purged from the restricted portion of his record.
2. The applicant states
* the offense occurred over 17 years ago when he was enlisted
* he has since been commissioned and his record since the incident has been impeccable
* his career has included six combat tours and he is currently on a 7th tour
* he has received two Bronze Star Medals
* he was ranked as the number one company commander in a combat zone before being personally selected by the Chief of Transportation for his current position as joint services transportation officer
* the reason for his request is career progression
* his file was recently reviewed by an Officer Selection Board (OSB) in which restricted records were reviewed for possible removal
* he was a below the zone selectee to major
* the recent OSB board had a direct impact on his reason for this request
* he does not believe that a mistake that happened when he was enlisted should affect his reputation as an officer
* this record could damage his career and ultimately result in removal over an incident that happened during his enlisted career
3. The applicant provides copies of a 28 July 1997 disenrollment notice, commanders disenrollment approval, his acknowledgement of the disenrollment and declination to appeal, and a DA Form 1059 (Service School Academic Evaluation Record).
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 9 October 1992 with immediate reenlistments on 3 May 1995, 9 October 1996, 13 January 1999, and 8 October 2002.
2. He completed the Primary Leadership Development Course (PLDC) on 15 December 1995.
3. The applicant was disenrolled from the Cargo Specialist BNCOC for driving under the influence (DUI) of alcohol on 28 July 1997.
4. The applicant attended the Cargo Specialist BNCOC course from
18 September 1998 through 12 November 1998. The 1998 DA Form 1059 states
* Highly motivated during physical fitness
* Demonstrated excellent physical fitness by scoring 285 on the APFT
* Oral communication exceeded that of peers
* Demonstrated superior leadership abilities
* Presented classroom instruction in a professional manner
* Volunteered to conduct a record APFT for AIT students
5. His NCOER's for the period May 1999 through March 2004 show an upward progression of assignments and ratings from "Fully Capable" to "Among the Best".
6. He was commissioned a second lieutenant on 29 July 2004 with promotion to first lieutenant effective 29 January 2006, captain effective 1 September 2007, and major effective 1 July 2013. He is currently shown to be deployed to Afghanistan in support of Operation Enduring Freedom.
7. The applicants records contain orders for the Meritorious Service Medal, Bronze Star Medal, five Army Commendation Medals, Air Force Commendation Medal, three Army Achievement Medals, four Good Conduct Medals, three NATO Medals, Air Assault Badge, and the Driver and Mechanics Badge - W.
8. The applicant's records on the Interactive Personnel Electronic Record Management System (i-PERMS) restricted file, contains seven documents marked "Enlisted Restricted Document."
9. The "Enlisted Restricted Document" are
* two copies of his 1995 DA Form 1059 (PLDC)
* two copies of his 1997 DA Form 1059 (BNCOC)
* a three page 1997 BNOC disenrollment packet
* two copies of his 1998 DA Form 1059 (BNCOC)
10. The available records do not contain any documentation of any negative or derogatory incidents except the disenrollment packet nor does it contain any documentation of the OSB the applicant states his file went before.
DISCUSSION AND CONCLUSIONS:
1. The DUI that resulted in his dismissal from BNCOC does not appear to have been considered serious enough to have also warranted nonjudicial punishment. Approximately a year after his disenrollment he was again enrolled in BNCOC and received a commendable evaluation.
2. There is no evidence that he has had any repeat of any alcohol-related incident or any other negative incident in his 22 years of enlisted and commissioned service.
3. By his own statement the applicant's file has been reviewed by an OSB and the negative information was not found to have been sufficient to warrant removal. The dismissal from BNCOC is masked in the restricted portion of his records; therefore, it would not be available for review except under specific situations and assignments.
4. To grant the request for a total removal of a historical document would place him on an equal footing for benefits and privileges with Soldiers who did not commit the act that led to his dismissal from BNCOC.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X____ ____X____ ____X____ 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.
____________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) AR20140015568
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140015568
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