| Mr. Carl W. S. Chun | Director | |
| Mr. Edmund P. Mercanti | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Ms. Paula Mokulis | Member | |
| Mr. Donald P. Hupman | Member |
APPLICANT REQUESTS: That his DA Form 2627, Record of Proceedings Under Article 15, UCMJ, with all allied documents, be removed from the restricted portion of his Official Military Personnel File (OMPF).
APPLICANT STATES: He was told that all items pertaining to the offense for which he was offered nonjudicial punishment (NJP) would be maintained locally until the time of his departure from the unit. He continues that he is a professional soldier who has placed the needs of the Army in the forefront of his life. His performance since he accepted NJP will undoubtedly result in his promotion to pay grade E-7 if the NJP is removed from his OMPF.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army on 20 September 1991 in pay grade E-4. He served continuously and was promoted to pay grade E-6 effective 1 June 1996.
On 14 January 1997, the applicant accepted NJP for being disrespectful towards a commissioned officer, and for disobeying a lawful command from a commissioned officer.
The applicant received an adverse NCO Evaluation Report (NCOER) for the period in which he accepted NJP. His next NCOER was average, the one following was an above average report, the next two NCOER’s were average, and the following NCOER was above average.
On the date the applicant submitted his request he was serving on active duty in pay grade E-6.
Army Regulation 27-10, Military Justice, provides the policy and guidance for processing NJP’s and the disposition of the DA Forms 2627. The regulation currently specifies that the DA Forms 2627 on personnel in pay grade E-4, or below, will be retained in locally maintained unit NJP files and will be destroyed after 2 years or when an individual transfers from the unit. For personnel in pay grade E-5 and above, the regulation specifies that the DA Forms 2627 will be filed in the OMPF on the P-fiche, unless the commander imposing the punishment specifies that the DA Form 2627 will be filed on the R-fiche in the OMPF.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:
1. Since the applicant was in pay grade E-6 when he accepted NJP, regulations require that the Record of Proceedings be filed in his OMPF.
2. The applicant has already been afforded leniency by his command in the decision to file the NJP in the restricted portion of his OMPF instead of the performance portion.
3. While the applicant’s performance of duty since he accepted his NJP has been noteworthy, it is not so exemplary as to warrant the removal of a properly filed document from his OMPF.
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
___lls ___ ___pm___ ____dph_ DENY APPLICATION
| CASE ID | AR2002069534 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20020806 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 126.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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