| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. Samuel A. Crumpler | Chairperson | |
| Mr. Kenneth W. Lapin | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: The removal of a Record of Nonjudicial Punishment (DA Form 2627) dated 9 December 1986, from the Restricted Fiche of his Official Military Personnel File (OMPF).
APPLICANT STATES: In effect, that he was unaware of the presence of the DA Form 2627 on the Restricted Fiche of his OMPF until he recently reviewed his OMPF.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in Detroit, Michigan on 7 December 1983 for a period of 4 years, training as a fuel and electrical systems repairer and assignment to Europe. He completed his training and was transferred to Germany.
On 9 December 1986, while serving in the pay grade of E-4, nonjudicial punishment (NJP) was imposed against him for wrongfully appropriating $49.00, the property of American Military Portrait Services. His punishment consisted of a forfeiture of pay. He did not appeal the punishment and the imposing commander directed that it be filed on the Restricted Fiche of his OMPF.
The applicant has remained on active duty through a series of continuous extensions and reenlistments. He was promoted to the pay grade of E-7 on 1 April 1996 and there is no evidence of any other disciplinary action being taken against him.
AR 27-10 prescribes the guidelines for the filing of NJP. It states, in pertinent part, that the decision to file the original DA Form 2627 on the performance or restricted fiche of the OMPF will be determined by the imposing commander at the time punishment is imposed. Personnel serving in the pay grade of E-4 or below, with less than 3 years of service will have the Record of NJP (DA Form 2627) filed in the local unit military justice files. Personnel serving in the pay grade of E-4 with 3 or more years of service will have the DA Form 2627 filed in the OMPF. The filing decision of the imposing commander is final and will be indicated in item 5, DA Form 2627.
Paragraph 3-37 of AR 27-10 provides the filing determination for the DA Form 2627 and associated documents. It provides, in pertinent part, that the Restricted Fiche of the OMPF is that portion of the OMPF that contains information not normally viewed by career managers or selection boards.
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. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
2. It appears that the NJP was imposed in compliance with applicable laws, regulations, and policies by a commander empowered to do so. The NJP was properly filed on the Restricted Fiche of his OMPF, as directed by the imposing commander, based on his being an E-4 and having served over 3 years of service at the time punishment was imposed.
3. While the Board understands the applicant’s concerns, the Army has an interest in maintaining such documents, and the applicant has not shown sufficient reasons why it should not remain a matter of record, even after considering his entire record.
4. 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
__sac___ __jm____ ___kwl __ DENY APPLICATION
| CASE ID | AR2002067499 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/05/07 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 281 | 126.0400/REM NJP |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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