| Mr. Carl W. S. Chun | Director | |
| Ms. Beverly A. Young | Analyst |
| Ms. Karol A. Kennedy | Chairperson | |
| Mr. Melvin H. Meyer | Member | |
| Mr. Allen L. Raub | Member |
APPLICANT REQUESTS: That his Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ), dated 5 August 1986, be removed from his Official Military Personnel File (OMPF).
APPLICANT STATES: That he wrongfully committed an infraction because of his adolescent behavior and inability to adapt to military life. He contends that the administrative punitive action has served its purpose and his conduct has been exemplary since the incident. He states that removal of the Article 15 from his OMPF would enhance his potential for professional advancement and establish a "clean slate" for future boards to take into account. The applicant did not submit any documents in support of his application.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 17 January 1985 and has continued to serve on active duty through a series of reenlistments. He is currently assigned to Fort Sill, Oklahoma, in the rank of staff sergeant.
On 5 August 1986, the applicant was punished under Article 15, UCMJ, for knowingly and wrongfully using some amount of marijuana between about 4 May 1986 and 14 May 1986.
The applicant did not demand trial by court-martial, requested a closed hearing in the Article 15 proceedings, elected to submit matters in his own defense, and waived consultation with a lawyer.
After consideration of all matters presented in the closed hearing, the imposing commander decided that, beyond a reasonable doubt, that the applicant committed the offenses and imposed the punishment of reduction to the grade of E-3 (suspended until 5 November 1986); forfeiture of $150.00 for 1 month; restriction to battery area, place of duty, dining facility, and chapel of choice for 14 days (suspended until 5 November 1986); and extra duty for 14 days.
The imposing commander directed that the DA Form 2627 (Record of Proceedings under Article 15) be filed in the applicant's Restricted Fiche of his OMPF. The applicant accepted the Article 15 and elected not to appeal the punishment.
Army Regulation 27-10 (Military Justice), in pertinent part, states the applicable policies for nonjudicial punishment. The regulation states that nonjudicial punishment may be imposed to correct, educate, and reform offenders who the imposing commander determines cannot benefit from less stringent measures; preserve a soldier’s record of service from unnecessary stigma by record of court-martial conviction; or further military efficiency by disposing of minor offenses in a manner requiring less time and personnel than trial by court-martial. All Article 15 actions, including notification, acknowledgment, imposition, filing determinations, appeal, action on appeal, or any other action taken prior to action being taken on an appeal, except summarized proceedings will be recorded on DA Form 2627. The regulation also states that absent compelling evidence, a properly completed, valid DA Form 2627 will not be removed from a soldier’s record by the Army Board for Correction of Military Records (ABCMR).
Figure 3-3 of Army Regulation 27-10 shows the DA Form 2627 (Record of Proceedings under Article 15, UCMJ) including Note 7 which states: "The imposing commander will initial the appropriate block. The OMPF performance fiche is routinely used by MOS/specialty career managers and DA selection boards. The OMPF restricted fiche is not given to MOS/specialty career manager or DA selection boards without approval of the Commander, MILPERCEN [currently known as the U.S. Total Army Personnel Command] or selection board proponent."
Army Regulation 600-8-104 (Military Personnel Information Management/ Records) prescribes the policies governing the Official Military Personnel File, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Paragraph 2-4 of this regulation states that once a document is placed in the Official Military Personnel File 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 Army Board for Correction of Military Records, the Department of the Army Suitability Evaluation Board, Army appeals board, Chief of Appeals and Corrections Branch of the Total Army Personnel Command, the Official Military Personnel File custodian when documents have been improperly filed, Total Army Personnel Command (TAPC-PDO-PO) as an exception, Chief of the Appeals Branch of the Army Reserve Personnel Center and Chief of the Appeals Branch of the National Guard Personnel Center.
DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, and advisory opinion(s), it is concluded:
1. The Board considered the applicant's contentions that the Article 15 has served its purpose and his conduct has been exemplary since the incident. However, there is no evidence, and the applicant has provided no evidence, which shows that the Article 15 was in error or unjust.
2. Notwithstanding the applicant's contentions that removal of the Article 15 from his OMPF would enhance his potential for professional development and establish a "clean slate" for future boards, the Board noted that, in accordance with the governing regulation in effect at the time, the Article 15 (Restricted Fiche) will not be reviewed by selection boards without approval of the Commander of the U.S. Total Army Personnel Command.
3. The Board finds no compelling evidence to support the applicant's request for removal of his Article 15 from his OMPF; therefore, this Article 15 will not be expunged.
4. 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.
5. 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
KAK_____ ALR_____ MHM_____ DENY APPLICATION
| CASE ID | AR2002069552 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | Y20020618 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 126.0400 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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