| Mr. Carl W. S. Chun | Director | |
| Mr. G. E. Vandenberg | Analyst |
| Ms. Irene N. Wheelwright | Chairperson | |
| Ms. Kathleen A. Newman | Member | |
| Mr. Richard T. Dunbar | Member |
APPLICANT REQUESTS: That a 13 March 1985 Record of Proceedings Under Article 15, Uniform Code of Military Justice, be purged from his restricted fiche.
APPLICANT STATES: In effect, that the Article 15 was not unjust or in error. He admits that the actions that led to the Article 15 were a grave mistake but believes he has paid for this mistake. He asks that the now 17-year old mistake be purged from his record, as he believes that it will adversely affect him for future promotions and assignments. He states that he learned from his mistake, accepted his punishment, and moved on to better the Army, his family, and himself.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant entered active duty on 13 April 1984. He completed basic combat training and advanced individual training with award of the military occupational specialty (MOS) 19D (Cavalry Scout).
On 29 February 1985, the applicant, in pay grade E-3, received nonjudicial punishment (NJP) for wrongful use of a controlled substance (THC). The applicant's company commander imposed a reduction to private E-2 (suspended for 6 months), forfeiture of $361, and 14 days extra duty. The punishment was approved and the DA Form 2627 was directed to be filed in the applicant's restricted fiche. The applicant did not appeal the punishment.
There are no other negative or derogatory entries in the applicant's record.
The applicant has had continuous service since his original enlistment with an election to reenlist for an indefinite period being made on 20 February 2000.
The applicant's raters have consistently described his performance as excellent or exceeding standards in all areas. He has consistently been recommended to be promoted ahead of his peers. His senior raters have exclusively marked him in the first block for overall performance and potential.
His duty assignments have shown that he has been given progressively more responsible positions including a number of years as a drill instructor and senior drill instructor. His current assignment is as the team noncommissioned officer in charge (NCOIC) for A Troop, 1st Battalion, 409th Cavalry Regiment. In this position he is responsible for and oversees the activities of 14 other senior NCOs.
The applicant has been promoted at or ahead of the normal progression. He was promoted to his current rank of master sergeant (E-8) on 1 February 2002.
The applicant's awards and decorations include but are not limited to the Meritorious Service Medal; four Army Commendation Medals, six Army Achievement Medals; the Good Conduct Medal, 5th award; and ten Certificates of Achievement for other contributions to diverse commands.
A review of the filing instructions for Article 15s, listed in 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. Previously, from 1 November 1982 until 24 January 1990, the issuing commander directed whether the DA Form 2627 would be filed in the performance or restricted section the OMPF. Prior to 1 November 1982, DA Forms 2627 were filed in the OMPF if so directed in Part III of the DA Form 2627 or if specific punishments were imposed. A pay grade reduction, even though suspended, was to be filed in the OMPF.
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 overall record of service and his accomplishments as reflected by his personal decorations, his selection for promotion and assignments subsequent to his offense, are noteworthy. However, these factors do not demonstrate that there is an injustice in the fact that the record contains potentially damaging material, which is the direct consequence of past behavior.
While the applicant has demonstrated strength of character by overcoming the setback, the removal of the NJP would, in effect, place him on a level playing field with soldiers, with similar years of service, whose careers have not been marred by incidents of such inappropriate behavior.
2. The Army has an obligation to maintain a complete and accurate record of an individual's service. The placement of the record of NJP on the restricted fiche enables the Army to maintain that historical record without unduly jeopardizing the individual's career.
3. Further, the applicant has provided no evidence that the retention of the Article 15 in his restricted fiche has or will adversely affect any future promotion or assignment.
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.
| CASE ID | AR2002070951 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20020627 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 126.04 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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