APPLICANT REQUESTS: In effect, that DA Form 2627, Record of Proceedings Under Article 15, UCMJ, be removed from his Official Military Personnel File (OMPF) and that any record of his arrest on 28 July 1990 be expunged from any system of records on which it may appear.
APPLICANT STATES: That more than 2 years have elapsed since the imposition of punishment under Article 15 and, in accordance with AR 27-10, the DA Form 2627 should have been removed. Further, the record of his arrest is being used against him to deny certain licenses and permits.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 3 September 1970 and enlisted in the Regular Army for 4 years on 15 August 1989. Following completion of the required military training, he was assigned duties as an infantryman.
In the Summer of 1990, the applicant was stationed in Korea with the 1st Battalion, 5th Infantry, 2nd Infantry Division, Camp Casey, Korea. At 1628 hours, 28 July 1990, he was apprehended by military police at the Main Post Exchange, Yongsan, for blackmarketing activities. Specifically, he was in possession of, and used, a counterfeit military ID card and ration control plate to purchase a video cassette recorder for sale to Korean nationals.
The applicant made a spontaneous admission of guilt upon his apprehension and later made a written, signed confession in which he admitted to blackmarketing. Further investigation by criminal investigators (CID) revealed that the applicant had purchased at least two video cassette recorders, two music systems, one television, and one laser disc player, all valued at more than $3,800, over a 12 month period, and that these items were then disposed of on the blackmarket in violation of Army regulations and Korean customs laws.
The CID completed a Report of Investigation on 10 February 1991 charging the applicant with the above offenses. Per regulation, this report was filed in the CID Commands Crime Records Center and referenced in the National Crime Information Centers (NCIC) computers. The entry will remain active for 40 years, after which time it will be retired.
When the CID report was completed, it was forwarded to the applicants commander for necessary disciplinary action. The commander elected to administer nonjudicial punishment under Article 15, UCMJ. A field grade Article 15 was administered and the applicant was reduced from E-3 to E-2 (suspended), made to forfeit $426 per month for 2 months, and given 45 days of restriction and extra duty. The DA Form 2627 was not filed in the applicants OMPF, but was filed locally.
The policies and procedures governing the imposition of nonjudicial punishment are set out in Title 10, United States Code, section 815 (Article 15, UCMJ), and in Army Regulation (AR) 27-10, chapter 3. Paragraph 3-37 of the regulation states that, in cases involving soldier in grades E-4 and below, the original copy of DA Form 2627 will not be permanently filed in the soldiers OMPF, but will be filed locally for 2 years or until the soldier leaves the command, whichever happens first.
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. There is no record of an Article 15 in the applicants file. It would appear that the provisions of AR 27-10 were complied with and that the Record of Proceedings was destroyed after the applicant left Korea.
2. The applicant now has, and will continue to have for the next 40 years, a criminal arrest record on file with the US Army Crime Records Center. The applicant committed the criminal acts and confessed to the same. His titling on a CID report of investigation is correct and proper and cannot be removed.
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
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