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Decision Text

ARMY | BCMR | CY1997 | 9711186
Original file (9711186.rtf) Auto-classification: Denied
APPLICANT REQUESTS: The record of nonjudicial punishment (NJP) (DA Form 2627) be removed from the restricted fiche of her Official Military Personnel File (OMPF).

APPLICANT STATES : That the NJP was administered early in her career and was an isolated incident in an otherwise exemplary career. It occurred over 6 years ago and the maintaining of it could damage her future in the military.

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

The applicant enlisted on 23 August 1989 and has remained on active duty through continuous reenlistment.

On 30 October 1990, while serving in pay grade E-2, the applicant received an NJP for wrongful sexual intercourse with a married E-7, not her husband. Punishment consisted of forfeiture of $405.00 per month for one month. She did not appeal. The DA Form 2627 was directed to be filed on the restricted fiche in her OMPF.

The applicant was promoted to pay grade E-5 effective 1 July 1995. Since then, her NCOER’s reflect a 2 block rating for overall performance.

Army Regulation 640-10, which establishes the responsibilities, policies, and procedures for maintaining and controlling the OMPF, states, in pertinent part, that the restricted fiche is the OMPF section for historical data that may normally be improper for viewing by selection boards or career managers. The restricted fiche ensures that an unbroken, historical record of a member's service,
conduct, duty performance, evaluation periods, and corrections to other parts of the OMPF is maintained. It is intended to protect the interest of the member and the Army

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 NJP proceedings were administered in compliance with law and applicable regulation, and the punishment imposed was neither unjust nor disproportionate to the offense involved.

2. While the board notes that the applicant has had a successful career since imposition of the NJP, without evidence that it was issued in error there is no justification for removal of the NJP from her record.

3. The cited DA Form 2627 documents an incident of indiscipline in the applicant’s career and is properly filed on her restricted fiche.

4. Although the applicant may perceive that retention of the record of NJP on her restricted fiche might somehow be prejudicial to her career, there is no basis to support that perception. Rather, retention of the record protects the applicant and the Army’s interest by ensuring that a complete record of the facts are maintained.

5. 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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