He was punished by a letter of reprimand

							                        MEMORANDUM OF CONSIDERATION


       IN THE CASE OF:



       BOARD DATE:                 28 January 1999

       DOCKET NUMBER:           AR1999014851

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

       Mr. Loren G. Harrell                                 Director
       Mr. Robert J. McGowan                                Analyst


  The following members, a quorum, were present:

       Mr. Luther L. Santiful                               Chairperson
       Mr. Robert W. Garrett                                Member
       Mr. Curtis L. Greenway                               Member

        The Board, established pursuant to authority contained in 10 U.S.C. 1552,
convened at the call of the Chairperson on the above date. In accordance with Army
Regulation 15-185, the application and the available military records pertinent to the
corrective action requested were reviewed to determine whether to authorize a formal
hearing, recommend that the records be corrected without a formal hearing, or to deny
the application without a formal hearing if it is determined that insufficient relevant
evidence has been presented to demonstrate the existence of probable material error
or injustice.

       The applicant requests correction of military records as stated in the application
to the Board and as restated herein.

       The Board considered the following evidence:

       Exhibit A - Application for correction of military
                records
       Exhibit B - Military Personnel Records (including
                    advisory opinion, if any)
ABCMR                                     Memorandum                                       of
AR1999014851
Consideration (cont)

APPLICANT REQUESTS: That a Record of Nonjudicial Punishment (NJP), DA Form
2627, dated 1 February 1990, be expunged from his record.

APPLICANT STATES: That the subject NJP has caused him to lose a civilian
employment position on 13 March 1998; 8 years after the imposition of the NJP, and 4
years after his retirement with an honorable discharge. He states that he has
completed an undergraduate degree and is working on a Master’s Degree.

EVIDENCE OF RECORD: The applicant's military records show:

He was inducted into the Army of the United States on 24 April 1972. He enlisted in
the Regular Army on 13 February 1974 and remained on continuous active duty until his
retirement with an honorable discharge on 30 April 1994 with 22 years, 2 months, and 7
days of creditable active Federal service.

On 10 March 1989, the applicant accepted an appointment as a warrant officer WO-1.
It was during this period that he received the subject NJP for shoplifting a bottle of
cologne, valued at $26.00, from the Post Exchange. He was punished by a letter of
reprimand, forfeiture of $975 per month for 2 months, and restriction for 30 days. On
23 December 1990, he was honorably discharged as a WO-1 under the provisions of
Chapter 8, AR 635-120, for misconduct, moral or professional dereliction. He had 18
years and 8 months of creditable active Federal service at the time and was allowed to
reenlist as an E7, sergeant first class.

On 10 December 1998, the Board sent the applicant a letter requesting additional
information on the situation involving the lost employment opportunity, but he did not
respond.

DISCUSSION: Considering all the evidence, allegations, and information presented by
the applicant, together with the evidence of record, applicable law and regulations, it is
concluded:

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
aforementioned requirement.

2. The NJP was imposed in compliance with applicable laws, regulations and policies.
The punishment imposed was neither unjust nor disproportionate to the offense, and the
record of proceedings was filed in accordance with applicable regulations.

3. The applicant has not provided evidence to expand on his claim that the NJP is
causing him undue hardship at this point in his life.
4. In view of the foregoing, there is no basis for granting the applicant's request.
                                            2
ABCMR                                 Memorandum                                    of
AR1999014851
Consideration (cont)


DETERMINATION: The applicant has failed to submit sufficient relevant evidence to
demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

___LLS _ __RWG__ __CLG __ DENY APPLICATION




                                      Loren G. Harrell
                                      Director




                                         3
ABCMR                             Memorandum            of
AR1999014851
Consideration (cont)


                                  INDEX

CASE ID                AR1999014851
SUFFIX
RECON                  YYYYMMDD
DATE BOARDED           19990128
TYPE OF DISCHARGE      (HD, GD, UOTHC, UD, BCD, DD)
DATE OF DISCHARGE      YYYYMMDD
DISCHARGE AUTHORITY    AR . . . . .
DISCHARGE REASON
BOARD DECISION         (NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES        1.       126.0400
           2.
           3.
           4.
           5.
           6.




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