| Mr. Carl W. S. Chun | Director | |
| Ms. Joyce A. Wright | Analyst |
| Ms. Jennifer L. Prater | Chairperson | |
| Ms. Regan K. Smith | Member | |
| Mr. Arthur A. Omartian | Member |
APPLICANT REQUESTS: That his record of punishment under Article 15, Uniform Code of Military Justice (UCMJ) and related documents be removed from the Restricted (R) fiche of his Official Military Personnel File (OMPF).
APPLICANT STATES: That on 17 January 1990, Article 15s, UCMJ, issued to SPC/E-4 and below were no longer filed on their OMPF and that his Article 15, UCMJ, was set aside along with all punishment because he was not supposed
to receive it.
EVIDENCE OF RECORD: The applicant's military records show he enlisted on 30 August 1984, as a light weapons infantryman. He continues to serve on active duty in the rank of sergeant first class.
On 6 June 1986, he was punished under Article 15, UCMJ, for failure to go to his appointed place of duty. His punishment consisted of a reduction to the pay grade of E-3, a forfeiture of pay, and 14 days restriction and extra duty.
The applicant’s commander recommended that the Article 15, UCMJ, be filed on the R fiche of the applicant’s OMPF.
On 13 November 1986, a DA Form 2627-2 (Record of Supplementary Action Under Article 15, UCMJ) was prepared by the applicant’s commander. The commander set aside the applicant’s punishment of reduction to the pay grade of E-3 and forfeiture of pay imposed on 6 June 1986. He indicated that there was a mistake on the applicant’s Article 15, UCMJ, because he had wanted the punishment to be suspended. He also indicated that instead of causing unnecessary hardship to the soldier, the punishment would be set aside.
The applicant’s records contain a copy of a DA Form 2496 (Disposition Form), dated 13 November 1996, subject: Setting Aside Punishment, which was prepared by the applicant’s commander. The commander stated that all punishment was supposed to have been suspended. However, his recommendation for suspension of punishment was lost and the punishment
was imposed. It was his intent to set aside all punishment that exists so that the applicant does not suffer any undue hardship due to the error in the system.
Army Regulation 608-104 prescribes the composition of the OMPF. It states,
in pertinent part, that forms recording punishment imposed after 1 November 1982, are filed on the performance or restricted fiche of the OMPF as directed by item 5, DA Form 2627. If Article 15, UCMJ, is wholly set aside and is filed on the Performance (P) fiche, it will be moved to the R fiche. The DA Form 2627-2 (Record of Supplementary Action under Article 15, UCMJ), directing the action will be filed on the R fiche. If the Article 15 is filed on the R fiche, the DA Form 2627-2 setting it aside is also filed on the R fiche. Documents accompanying Article 15s are filed on the R fiche.
It also states that Article 15s, UCMJ, issued on or after 25 January 1990, for soldiers SPC/CPL or below will be filed only in local nonjudicial punishment files. The DA Form 2627 will not be filed in the MPRJ or OMPF of these soldiers.
Paragraph 2-4 of this regulation states that once a document is placed in the
OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation.
Army Regulation 27-10, in effect at the time, prescribed the guidelines for the filing of nonjudicial punishment. Paragraph 3-3b (2) states, in pertinent part, that the decision to file the original DA Form 2627 in the OMPF will be determined by the imposing commander at the time punishment is imposed. The filing decision of the imposing commander is final and will be indicated in item 5, of the DA Form 2627.
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 applicant’s contention has been noted by the Board; however, his Article 15, UCMJ, and accompanying documents were properly filed on the R fiche of his OMPF in accordance with applicable regulations.
2. The Board also notes the applicant’s contention that in January 1990, Article 15s, UMCJ, issued to SPC/CPL or below were no longer filed in their OMPF; however, the applicant’s punishment was imposed prior to January 1990, and would remain filed on his R fiche in accordance with regulation.
3. 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.
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
__jp___ ___rs___ __ao___ DENY APPLICATION
| CASE ID | AR2002067603 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020604 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | ACTIVE DUTY |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 267 | |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002069409C070402
The applicant requests that his record of punishment under Article 15, Uniform Code of Military Justice (UCMJ), dated 16 April 1987, and associated Army Board for Correction of Military Records (ABCMR) documents be removed from the Restricted (R) fiche of his Official Military Personnel File (OMPF). The applicant’s commander recommended that the Article 15, UCMJ, be filed on the R fiche of the applicant’s OMPF. The applicant’s record of punishment under Article 15, UCMJ, dated 16 April...
ARMY | BCMR | CY2003 | 2003086772C070212
The applicant requests that his records of punishment under Article 15, Uniform Code of Military Justice (UCMJ), dated 10 December 1986 and 1 April 1987 be removed from the Restricted (R) fiche of his Official Military Personnel File (OMPF). The Article 15s were placed on his R fiche as indicated in item 5 of his DA Form 2627 (Record of proceedings under Article 15, UCMJ). The applicant’s record of punishment under Article 15, UCMJ, dated 10 December 1986 and 1 April 1987, were properly...
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 | CY2009 | 20090016828
IN THE CASE OF: BOARD DATE: 18 February 2010 DOCKET NUMBER: AR20090016828 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, that a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) be expunged from the restricted section of his official military personnel file (OMPF). The applicant essentially states that per Army Regulation 27-10 (Military Justice), only Soldiers holding the rank of sergeant and above will have...
ARMY | BCMR | CY2011 | 20110017452
Application for correction of military records (with supporting documents provided, if any). The applicant requests removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 8 May 1986 from his official military personnel file (OMPF). File the DA Form 26272 (Record of Supplementary Action under Article 15, UCMJ) directing the action on the R fiche.
ARMY | BCMR | CY2012 | 20120005758
The applicant provides: * DA Form 2627 * DA Form 2627-2 (Record of Supplementary Action Under Article 15, UCMJ) CONSIDERATION OF EVIDENCE: 1. b. NJP was imposed against him on 8 June 2011 for violating a lawful general regulation for using bath salts and the issuing commander directed that the original DA Form 2627 be filed in the restricted section of his OMPF. Although the DA Form 2627 imposed on 8 June 2011 was properly filed in the restricted portion of the applicants OMPF in...
ARMY | BCMR | CY2002 | 2002069672C070402
The applicant requests, in effect, that two Record of Proceedings Under Article 15, UCMJ (DA Form 2627) be removed from the restricted fiche (R-Fiche) of his Official Military Personnel File (OMPF). Therefore, the Board concludes, given the minor nature of the offense for which the applicant accepted the NJP, that these current standards should be applied and that it would be appropriate to remove the DA Form 2627, dated 10 April 1987, from his OMPF at this time. However, the evidence of...
ARMY | BCMR | CY2004 | 20040001006C070208
The applicant requests, in effect, that the DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated January 2002, be removed from the Restricted Fiche of her restricted Official Military Personnel File (OMPF). Therefore, they set aside the NJP action; however, since it was already on her Restricted Fiche, they had no authority to remove it from her OMPF. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing...
ARMY | BCMR | CY2012 | 20120002932
Counsel further states: * the applicant received a field grade Article 15 while assigned to the 140th Movement Control Team (MCT), 57th Transportation Battalion, 593rd Sustainment Brigade (SB), based on allegations that he provided alcohol to a minor * the applicant disputed the allegations but his commanding officer, LTC JM, the battalion commander, found he committed misconduct and imposed a punishment of 30 days of extra duty and reduction to the rank/grade specialist (SPC)/E-4 the...
ARMY | BCMR | CY2014 | 20140008619
The applicant provides: * Enlisted Record Brief (ERB) * 15 letters of support/character reference * 2 DA Forms 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) * DA Form 2627-2 (Record of Supplementary Action Under Article 15, UCMJ) * 20 pages of an Administrative Separation Board Hearing CONSIDERATION OF EVIDENCE: 1. After hearing all matters presented in defense, mitigation, and/or extenuation and after having considered the violation(s) of the UCMJ,...