Search Decisions

Decision Text

ARMY | BCMR | CY1990-1993 | 9205700
Original file (9205700.rtf) Auto-classification: Denied
APPLICANT REQUESTS: In effect, that a record of proceedings of nonjudicial punishment (NJP) be removed from his Official Military Personnel File.
APPLICANT STATES : In effect, that the NJP has served its purpose and that his career should not be further hindered by a mistake that he made early in his career when he was unaware of the impact it would have on him. He further states that he has since been promoted to the NCO ranks and other than the record of NJP, his career has been stable.

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

The applicant enlisted on 2 February 1984 for a period of 3 years and has remained on active duty through continuous reenlistments. He was promoted to the pay grade of E-5 on 1 September 1987.

On 10 August 1987, while serving in the pay grade of E-4, NJP was imposed against him for failure to go to his appointed place of duty. His punishment consisted of a forfeiture of $212.00 (7 days pay). The imposing commander directed that the record of proceedings of NJP (DA Form 2627) be filed on the performance fiche of the applicant’s OMPF.

On 19 January 1988 the applicant received a letter of reprimand for driving under the influence of alcohol. This letter was also directed to be filed in the applicant’s OMPF.

There is no evidence in the available records to indicate that the applicant applied to the Department of the Army Suitability Evaluation Board for transfer or removal of the NJP.

Army Regulation 27-10, in effect at the time, stated in pertinent part, that the decision to file DA Forms 2627 (Record of Proceedings of NJP) on the performance fiche or the restricted fiche in the OMPF (without regard to pay grade or time in service), would be determined by the imposing commander at the time the punishment was imposed. The filing decision of the imposing commander was final and was to be indicated in item 5, DA Form 2627.

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 record of NJP was properly filed on the performance portion of the OMPF in accordance with regulations applicable at the time.

2. The applicant has failed to provide substantiating evidence to convince the Board that removal of the record of punishment is in the best interest of justice.

3. 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

DENY APPLICATION




                  Karl F. Schneider
                  Acting Director

Similar Decisions

  • ARMY | BCMR | CY2001 | 2001061298C070421

    Original file (2001061298C070421.rtf) Auto-classification: Denied

    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. EVIDENCE OF RECORD : The applicant's military records show: The regulation currently in effect, provides in pertinent part, that NJP imposed against soldiers in the pay grade of E-4 and below will be filed locally in unit NJP files for a period of 2 years.

  • ARMY | BCMR | CY2004 | 20040011755C070208

    Original file (20040011755C070208.doc) Auto-classification: Denied

    He stated that sometime in 2002 or 2003, the Army Board for Correction of Military Records (ABCMR) granted that all the NJPs be transferred to his Restricted Fiche. The evidence of record shows the Army Review Boards Agency in St. Louis transferred the applicant's Article 15 imposed on 17 October 1987 to the restricted portion of his OMPF without board action. There is no evidence of record which shows that any of the Article 15s were filed on his restricted fiche in error.

  • ARMY | BCMR | CY2002 | 2002069672C070402

    Original file (2002069672C070402.rtf) Auto-classification: Approved

    The applicant requests, in effect, that two Record of Proceedings Under Article 15, UCMJ (DA Form 2627) be removed from the restricted fiche (R-Fiche) of his Official Military Personnel File (OMPF). Therefore, the Board concludes, given the minor nature of the offense for which the applicant accepted the NJP, that these current standards should be applied and that it would be appropriate to remove the DA Form 2627, dated 10 April 1987, from his OMPF at this time. However, the evidence of...

  • ARMY | BCMR | CY2002 | 2002083390C070215

    Original file (2002083390C070215.rtf) Auto-classification: Denied

    APPLICANT REQUESTS: The removal of a record of nonjudicial punishment (DA Form 2627) from the restricted fiche of his Official Military Personnel File (OMPF). APPLICANT STATES : In effect, that the DA Form 2627 dated 16 January 1984 should be removed from the restricted fiche of his OMPF because the intended purpose has been served. EVIDENCE OF RECORD : The applicant's military records show:

  • ARMY | BCMR | CY2009 | 20090021763

    Original file (20090021763.txt) Auto-classification: Approved

    At the time of his application, the applicant was serving as an Active Guard Reserve (AGR) in the rank of sergeant first class, pay grade E-7. Army Regulation 27-10 currently provides that records of nonjudicial punishment imposed prior to 1 November 1982 and presently filed in either the performance or restricted section of the OMPF will remain so filed, subject to other applicable regulations. Currently, the regulation provides that records of nonjudicial punishment imposed prior to 1...

  • ARMY | BCMR | CY2008 | 20080016195

    Original file (20080016195.txt) Auto-classification: Approved

    The applicant requests, in effect, removal of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), from his official military personnel file (OMPF). The applicant states that he would like the Article 15 removed from his OMPF because it is over 20 years old and he received it during his first active duty tour. Given the above and the fact the Article 15 was properly filed on his OMPF, it would not be equitable to remove the Article 15 from his records.

  • ARMY | BCMR | CY2003 | 2003086772C070212

    Original file (2003086772C070212.rtf) Auto-classification: Approved

    The applicant requests that his records of punishment under Article 15, Uniform Code of Military Justice (UCMJ), dated 10 December 1986 and 1 April 1987 be removed from the Restricted (R) fiche of his Official Military Personnel File (OMPF). The Article 15s were placed on his R fiche as indicated in item 5 of his DA Form 2627 (Record of proceedings under Article 15, UCMJ). The applicant’s record of punishment under Article 15, UCMJ, dated 10 December 1986 and 1 April 1987, were properly...

  • ARMY | BCMR | CY2002 | 2002079667C070215

    Original file (2002079667C070215.rtf) Auto-classification: Approved

    The applicant requests, in effect, that three Records of Proceedings Under Article 15, UCMJ (DA Forms 2627) be removed from the restricted portion (R-Fiche) of his Official Military Personnel File (OMPF). The applicant was advised by his unit commander that the DA Form 2627 would be filed in the R-fiche portion of his OMPF, and that he had 5 calendar days to appeal the action. However, the evidence of record also confirms that the disposition and filing of the record of NJP accepted by the...

  • ARMY | BCMR | CY2002 | 2002069409C070402

    Original file (2002069409C070402.rtf) Auto-classification: Approved

    The applicant requests that his record of punishment under Article 15, Uniform Code of Military Justice (UCMJ), dated 16 April 1987, and associated Army Board for Correction of Military Records (ABCMR) documents be removed from the Restricted (R) fiche of his Official Military Personnel File (OMPF). The applicant’s commander recommended that the Article 15, UCMJ, be filed on the R fiche of the applicant’s OMPF. The applicant’s record of punishment under Article 15, UCMJ, dated 16 April...

  • ARMY | BCMR | CY2002 | 2002082492C070215

    Original file (2002082492C070215.rtf) Auto-classification: Denied

    The applicant requests correction of military records as stated in the application to the Board and as restated herein. The imposing officer directed that the record of nonjudicial punishment (DA Form 2627) be filed on the restricted fiche of his OMPF. He was on active duty on the date he submitted his application to the Board.