| Mr. Carl W. S. Chun | Director | |
| Ms. Antoinette Farley | Analyst |
| Mr. Arthur A. Omartian | Chairperson | |
| Mr. Donald P. Hupman, Jr. | Member | |
| Mr. Kenneth W. Lapin | Member |
2. The applicant requests, that the comment “Recent Co Art 15 caused downgrade” shown on a DA Form 638-1 (Recommendations for Award) dated
6 December 1993, be removed from his Official Military Personnel File (OMPF).
3. The applicant and counsel state, in effect, that the 6 December 1993 DA Form 638-1 shows evidence of an NJP under Article 15, Uniform Code Of Military Justice (UCMJ) that is not otherwise (and by regulation should not be) in his record.
4. The applicant's service records are incomplete. Prior to the enlistment under review, he had one period of honorable service in the Regular Army (RA). He was ordered, from a reserve status to active duty to support Operation Desert Shield/Storm from 12 September 1990 to 20 May 1991. He was credited with a total of 8 months and 09 days of active service and 1 year, 8 months and 09 days of inactive service. His rank was Specialist, pay grade E-4.
5. On 19 November 1992, he reenlisted in the RA for 3 years as a E-4.
6. As shown on DA Form 638-1, the battalion commander downgraded a recommendation for the Army Achievement Medal to a Certificate of Achievement. “Recent Co Art 15 caused downgrade”, was added to the form in order to justify changing the recommended award.
7. On 19 September 1998, the applicant reenlisted in the RA for 3 years as a
E-5. His NCO Evaluation Report shows that he was stationed at Fort Bragg, North Carolina. On 30 March 2001, he reenlisted in the RA for 6 years, with the rank of staff sergeant, pay grade E-6.
8. Army Regulation 600-8-104, shows that a DA Form 2627 (Record of Proceedings under Article 15, UCMJ) issued after 25 January 1990 to soldiers serving in pay grade E-4 and below will be filed only in local files.
CONCLUSIONS:
1. The applicant and counsel are correct in that his record of NJPs was to be filed only in local files.
2. It was also appropriate that the 6 December 1993 DA Form 638-1, be filed in his OMPF. However, the Board feels that, in keeping with Army Regulation
27-10, paragraph 3.37, any reference that was made of a NJP, should be removed. To allow it to remain is unjust.
3. The DA Form 638-1 should remain in the applicant’s record but the comment, “Recent Co Art 15 caused downgrade” should be removed.
4. In view of the foregoing, the applicant’s records should be corrected as recommended below to rectify an injustice.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case specifically, the performance portion of his OMPF (fiche 1), be corrected by eliminating the comments “Recent Co Art 15 caused downgrade” from DA Form 638-1, dated 6 December 1993.
2. Upon completion of the above recommendation this decisional document and all associated documents shall be returned to this Board for permanent filing.
BOARD VOTE:
__AAO __ __DPH__ ___KWL_ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
Arthur A. Omartian_______
CHAIRPERSON
| CASE ID | AR2002067503 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002.09.24 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | ACTIVE DUTY |
| ISSUES 1. | A 126.00 |
| 2. | A 126.06 |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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