| Mr. Carl W. S. Chun | Director | |
| Ms. Deborah L. Brantley | Senior Analyst |
| Ms. Joann H. Langston | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Roger W. Able | Member |
2. The applicant requests, in effect, that his August 1991 DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) be expunged from his OMPF (Official Military Personnel File). He states, in effect, that the form should not have been filed in his OMPF because he was serving in pay grade E-4 at the time of receipt. He also notes that promotion boards now have access to information in the restricted fiche and as such retention of the UCMJ action in his file could “adversely” impact his promotion potential.
3. Records available to the Board indicate the applicant initially entered active duty on 27 July 1988. In August 1991, while serving in pay grade E-4, the applicant was punished under Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to obey a lawful order from a noncommissioned officer. The record of NJP indicates the applicant was told, “to show proof of insurance for [his] privately owned vehicle.”
4. His punishment included reduction to pay grade E-3, 14 days of extra duty, 14 days of restriction, and forfeiture of $238.00 for one month, which was suspended for 6 months. The commander imposing punishment directed that the NJP be filed in the applicant’s performance fiche by initialing that portion of the DA Form 2627 (item 5). However, the item was subsequently lined through.
5. The 25 January 1990 edition of Army Regulation 27-10, which establishes the policies and provisions for the filing of DA Forms 2627, states that records of nonjudicial punishment for soldiers in pay grade E-4 and below will be filed locally in unit nonjudicial punishment files. For these soldiers, the imposing commander should annotate item 5 of the DA Form 2627 as “Not Applicable (N/A).”
6. Notwithstanding the provisions of Army Regulation 27-10, the applicant’s August 1991 UCMJ action was filed in the performance portion of his OMPF. In 1998, however, the DASEB (Department of the Army Suitability Evaluation Board) directed that 1991 record of nonjudicial punishment be moved to the applicant’s restricted fiche. The UCMJ action, the applicant’s appeal to the DASEB, and the DASEB decision are all currently filed on the applicant’s restricted fiche.
7. The applicant was promoted to pay grade E-6 in April 1997 and would have been considered for promotion to pay grade E-7 in 1999. Army Regulation 600-8-104 states that although not a routine procedure, the restricted fiche may be released to DA selection boards. The board president will request permission
from the Office of the Deputy Chief of Staff for Personnel to review specific restricted information when he or she believes the information is crucial to the selection process. The board president must make his request in writing. Disciplinary information filed on the restricted fiche is only routinely provided to the “Command Sergeant Major/sergeant major (CSM/SGM), SGM Academy selection and CSM/SGM retention boards.”
CONCLUSIONS:
1. The evidence confirms that the applicant’s August 1991 DA Form 2627 was erroneously filed in his OMPF.
2. While the transfer of the DA Form 2627 from the applicant’s performance fiche to his restricted fiche by the DASEB was within their authority, the Board concludes that the form should never have been filed in the OMPF and as such it should be entirely expunged from the applicant’s file.
3. The Board also concludes that had the DA Form 2627 never been inappropriately filed in the applicant’s OMPF there would not have been any need for the DASEB to act and as such no restricted fiche would ever have been generated. In view of this fact the Board concludes it would be appropriate, and in the interest of justice, to not only expunge the DA Form 2627 but also to expunge all documents on the restricted fiche associated with the DASEB action.
4. There is no evidence that any selection boards considered the applicant’s record of nonjudicial punishment and as such there is no requirement to refer the applicant’s records to a Special Selection Board for reconsideration of a previous nonselection.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected:
a. by expunging the August 1991 record of NJP (DA Form 2627) from the OMPF of the individual concerned;
b. by expunging all documents associated with the 1998 DASEB action which transferred the August 1991 DA Form 2627 from the applicant’s performance to his restricted fiche, and from all other Army records apart from the records of this Board; and
c. following completion of the administrative corrections directed herein, the proceedings of the Board and all documents related to this case be returned to the Board for permanent filing so as not to create another restricted fiche for the applicant.
BOARD VOTE:
__JHL __ __WTM _ __RWA__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Joann H. Langston___
CHAIRPERSON
| CASE ID | AR2001061379 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020314 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 110.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2003 | 2003084609C070212
APPLICANT REQUESTS: That her 18 November 1986 nonjudicial punishment (NJP) imposed under Article 15, Uniform Code of Military Justice (UCMJ) and her removal as a Drill Sergeant Candidate, filed on the restricted (R) fiche of her Official Military Personnel File (OMPF), be expunged from her records. In support of her case, she submits a physician's recommendation for her return to Drill Sergeant Duty, a reinstatement authorization for the Drill Sergeant Program and orders awarding her...
ARMY | BCMR | CY2001 | 2001053849C070420
The applicant requests, in effect, that a 1986 record of nonjudicial punishment (NJP) be expunged from his Official Military Personnel File (OMPF) However, Army Regulation 600-8-104, currently in effect, and which replaced Army Regulation 640-10, states that disciplinary information filed on the restricted fiche will be provided to Command Sergeant Major/sergeant major (CSM/SGM) and SGM academy selection boards. As such the Board concludes that the 1986 record of NJP has served its purpose...
ARMY | BCMR | CY2004 | 20040011755C070208
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 | CY2008 | 20080006450
The applicant requests that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) imposed on 4 June 1996, and a General Officer Memorandum of Reprimand (GOMOR), dated 14 June 1996, be removed from the restricted section of his Official Military Personnel File (OMPF). The DA Form 2627 imposed on 4 June 1996 and the 14 June 1996 GOMOR were properly filed in the performance section of the applicants OMPF and then subsequently transferred to the restricted section of his OMPF as...
ARMY | BCMR | CY2004 | 2004100052C070208
The applicant requests, in effect, that the Records of Proceedings under Article 15, dated December 1985 and August 1986 and, the Record of Supplementary Actions, dated August 1986, be removed from his restricted Fiche (R-Fiche), in his Official Military Personnel File (OMPF). The applicant received NJP, under the provisions of Article 15 of the UCMJ, on 1 August 1986, while he was serving in the rank and pay grade, Private, E-2, for committing an assault upon another Soldier on 26...
ARMY | BCMR | CY2005 | 20050011754C070206
However, because the promotion boards can see his restricted fiche, the GOMOR has prevented him from being selected for promotion to the pay grade of E-7. Army Regulation 600-8-19, Enlisted Promotions and Reductions, serves as the authority for the conduct of selection boards. Promotion boards for selection to the pay grades of E-7 and E-8 are not routinely provided information from the restricted fiche of eligible Soldiers.
ARMY | BCMR | CY2009 | 20090003496
The applicant requests, in effect, that his DA Forms 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 20 August 1984 and 14 May 1991, be removed from his official military personnel file (OMPF). Subsequently, the applicant elected not to appeal punishment and the imposing commander directed the DA Form 2627 be filed in the restricted portion of the applicant's OMPF. The evidence of record confirms that there are two 20 August 1984 DA Forms 2627...
ARMY | BCMR | CY2007 | 20070013556
The applicant requests removal of Record of Proceedings under Article 15 of the Uniform Code of Military Justice (DA Form 2627), dated 6 June 2000, from the restricted fiche (R-fiche) of his Official Military Personnel File (OMPF). It states, in pertinent part, that the imposing commander will ensure that the soldier is notified of the commander's intention to dispose of the matter under the provisions of Article 15. It states, in pertinent part, applications for removal of an Article 15...
ARMY | BCMR | CY2007 | 20070009850C071113
Item 5 of this document also show that the commander directed that the DA Form 2627 be filed in the restricted section of the applicant's OMPF. Table 2-1 of Army Regulation 600-8-104 shows that approved requests for the release of documents in the restricted section of the OMPF will be filed in the restricted section of the OMPF. The evidence of record shows that, with the exception of the command sergeant major/sergeant major selection and retention boards, HQDA enlisted selection boards...
ARMY | BCMR | CY2007 | 20070007357
The applicant states that Army Regulation 15-185 (Army Board for Correction of Military Records) and Army Regulation 600-37 (Unfavorable Information) allow such removal when the Soldier is at least a Staff Sergeant and provides evidence of a clear and convincing nature that indicates the Article 15 and letter of reprimand is untrue or unjust in whole or part. After reviewing all the evidence, the 1st Mobilization Brigade Commander decided to impose nonjudicial punishment against the...