APPLICANT REQUESTS: In effect, correction of his military records by removing two nonjudicial punishments (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), from his records.
APPLICANT STATES: In effect, the two documents in question should be removed from his record because of administrative errors on them. His service number and base pay are not correct on the Article 15, dated 7 March 1966 (sic). His base pay is not correct, vital information is lined out in item 4, and the words FOR THE COMMANDER should have been lined out since the commander signed the form on the Article 15, dated 26 June 1969. He alleges that these errors make the documents void. Also, he alleges that the documents should have been removed after 1 year. He believes that, if those documents had been removed and he had been referred to a selection board, he would be a retired E-8 or E-9. He is willing to come back on active duty.
EVIDENCE OF RECORD: The applicant's military records show:
He was born on 25 October 1947. He enlisted in the Regular Army on 11 February 1966 and remained on active duty until his release from active duty on 31 July 1990, which was his mandatory retirement date. He had completed a total of 24 years, 5 months, and 21 days active military service. On 1 August 1990, he was placed on the retired list, in pay grade E-7.
On 8 March 1966, the applicant, serving in pay grade E-1, received NJP under Article 15, UCMJ, for violating a lawful regulation by gambling in his unit at Fort Polk, Louisiana. His imposed punishment was restriction for 14 days, extra duty for 14 days, and a forfeiture of $15 pay for 1 month. He did not appeal. (Note: The last digit of his service number was shown as a 3 when it should have been a 1. His basic pay per month was shown as $87.)
On 25 June 1969, the applicant, serving in pay grade E-4 overseas, received NJP under Article 15, UCMJ, for disobeying a lawful order issued by his superior noncommissioned officer to go to the motor pool. His imposed punishment was restriction for 14 days, and a forfeiture of $55 pay for 1 month. (Note: His basic pay per month was shown as $238.50, in item 4, the words to a trial by court-martial were lined out, and the words FOR THE COMMANDER were not lined out even though the commander signed the form.)
On 18 April 1990, this Board considered the applicants prior application to make the date of the Department of the Army Suitability Boards action to transfer the two records of NJP under Article 15, UCMJ, dated 8 March 1966 and 25 June 1969, to the restricted fiche of his Official Military Personnel File (OMPF) to the date of his eligibility for centralized promotion to pay grade E-7. This Board determined that the applicant had failed to submit sufficient relevant evidence to demonstrate the existence of probable material error or injustice.
Army Regulation 27-15, then in effect, provided for the recording and distribution of records of NJP. The original record of NJP in cases involving enlisted personnel was sent to the U.S. Army Personnel Services Support Center, Fort Benjamin Harrison, Indiana, for filing in the OMPF. The first copy was sent to the unit of assignment for file above the individuals field 201 File Divider. The copy in the field 201 file would be withdrawn and destroyed upon transfer of the individual from the organization, upon the complete setting aside of all punishments imposed, or upon the expiration of 2 years from imposition of the punishment, whichever first occurred, provided that at the time of transfer, a period of 1 year had elapsed since imposition of the punishment imposed had been executed (with forfeitures collected and any period of detention of pay expired) and action had been completed on any appeal from such punishment. Later, the policy was changed to file the first copy in the Military Personnel Records Jacket (MPRJ). Effective 20 May 1980, the decision whether to file the original NJP in either the MPRJ or in the OMPF would be determined at the time of imposition of punishment by the commander imposing the punishment.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, and applicable law and regulations, it is concluded:
1. The Board notes that the applicants service number is incorrect on the NJP, dated 8 March 1966. Therefore, the Commander, U.S. Army Reserve Personnel Center, will be requested to take appropriate administrative action to correct his service number on that NJP.
2. The applicant did not provide any documentation to show that his base pays were incorrect on the NJPs, dated 8 March 1966 and 25 June 1969. Even if they were incorrect, the Board would not consider this to be such a fatal flaw so as to remove these documents.
3. The Board notes that, in item 4 of the NJP, dated 25 June 1969, the words to a trial by court-martial were lined out, and the words FOR THE COMMANDER were not lined out even though the commander signed the form. The Board does not consider these administrative errors to be such a fatal flaw so as to void or remove this NJP.
4. The applicant has submitted neither probative evidence nor a convincing argument in support of the request to void or remove the two NJPs. The Board notes that the applicant did not demand trial by court-martial and did not appeal the NJPs.
5. By the regulation, then in effect, the original NJP was to be filed in his OMPF. This policy did not change until 20 May 1980. Therefore, it appears that the NJPs were filed properly. Accordingly, there would have been no basis for his referral before a selection board.
6. 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.
NOTE: The Commander, U.S. Army Reserve Personnel Center, will be requested to take appropriate administrative action to correct the applicants service number on the NJP, dated 8 March 1966.
BOARD VOTE:
GRANT
GRANT FORMAL HEARING
DENY APPLICATION
Karl F. Schneider
Acting Director
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