MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:      

	BOARD DATE:            12 AUGUST 2003                  
	DOCKET NUMBER:   AR2002082334

	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. Carl W. S. Chun		Director	
	Ms. Gale J. Thomas		Analyst	

  The following members, a quorum, were present:

	Mr. Ted S. Kanamine		Chairperson	
	Mr. William D. Powers		Member	
	Mr. Frank C. Jones II		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)

APPLICANT REQUESTS:  That the record of proceedings of nonjudicial punishment (NJP) imposed under Article 15, Uniform Code of Military Justice (UCMJ), be removed from his Official Military Personnel File (OMPF).

APPLICANT STATES:  In effect, that the Article 15 in question is unjust, in that it has limited his employment opportunities.  He has performed his punishment duties, and feels that the minor incident, which caused harm to no one, should not act negatively on his future life. 

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

On 1 April 1998, he enlisted in the Regular Army for a period of 4 years.

On 14 May 2002, he accepted nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice (UMCJ), for the wrongful use of Steroids, a schedule III controlled substance.  His punishment was reduction to pay grade E-4, suspended for 90 days, forfeiture for 2 months (suspended), restriction and extra duty.  His commander directed that the Article 15 be filed on the performance portion of his OMPF.

On 31 August 2002, the applicant was released from active duty, under the provisions of Army Regulation 635-200, for completion of required active service. His DD Form 214 (Certificate of Release or Discharge from Active Duty) indicates he had 4 years and 5 months of active service. 

Army Regulation 27-10, provides policy for the administration of military justice.  Chapter 3 provides that NJP is appropriate in all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate.  It is a tool available to commanders to correct, educate and reform offenders who the commander determines cannot benefit from less stringent measures; to preserve a member’s record of service from unnecessary stigma by record of court-martial conviction; and to further military efficiency by disposing of minor offenses in a manner requiring fewer resources than trial by court-martial.  It also provides that the officer imposing NJP for individuals in the pay grade of E-5 and above, determines whether the report of NJP (DA Form 2627) is to be filed on the individual’s restricted or performance fiche.  Additionally, absent compelling evidence to the contrary, a properly completed, facially valid DA Form 2627 will not be removed from a soldier’s record by this Board without clear evidence that an error or injustice occurred.  

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.  The applicant’s Article 15 was imposed in compliance with applicable laws, regulations and policies.  The punishments imposed were neither unjust nor disproportionate to the offense, and there is no evidence of any substantive violation of any of the applicant's rights.  The punishment imposed was within legal limits; and the record of proceedings (DA Form 2627) is properly on file.  

 2.  There is no evidence and the applicant has not submitted any compelling evidence that an error or injustice occurred, which would justify removing the Article 15 from his records.

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 that requirement.

4.  In view of the foregoing, there is no basis for granting the applicant's request.

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

__TSK __  __WDP  _  __FCJ __  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2002082334	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20030812	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.	126.00	
2.		
3.		
4.		
5.		
6.