| Mr. Carl W. S. Chun | Director | |
| Ms. Nancy L. Amos | Analyst |
| Mr. Fred N. Eichorn | Chairperson | ||
| Mr. Ted S. Kanamine | Member | ||
| Ms. Lana E. McGlynn | Member |
APPLICANT REQUESTS: That an Article 15 dated 31 August 1998 be removed from his U. S. Army Criminal Investigation Command (USACIDC) files.
APPLICANT STATES: That the intended purpose of the Article 15 has been served. It was issued to him after being arrested for assault. He had attempted to restrain a person he believed to have stolen something. He accepted the Article 15 and received extremely light punishment. It is not contained in his Official Military Personnel File (OMPF) but is inexplicably being maintained in USACIDC files and is adversely affecting his career advancement. He has since been promoted and received several awards and decorations. Supporting evidence is as listed on the DD Form 149.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted in the Regular Army in 1988. He was promoted to Sergeant, E-5 on 1 January 1994.
There is no record of nonjudicial punishment under Article 15, Uniform Code of Military Justice filed on the applicant’s OMPF.
The applicant submitted a request to USACIDC requesting a Military Police Report (MPR) pertaining to him. By letter dated 5 December 2001, USACIDC provided him that MPR. (Although the applicant indicated on his DD Form 149 that it was provided as evidence, the Board obtained both the letter and the MPR from USACIDC). The MPR does not contain an Article 15 but a Commander’s Report of Disciplinary or Administrative Action, DA Form 4833, is filed with the MPR. The DA Form 4833 indicates the applicant was given an Article 15 for the offense of assault committed on 10 July 1998. His punishment was 14 days extra duty and 14 days restriction.
The applicant was promoted to Staff Sergeant, E-6 on 6 January 2000.
Army Regulation 190-45, Law Enforcement Reporting, paragraph 3-2, states that criminal record information contained within military police documents will not be disseminated unless there is a clearly demonstrated need. Paragraph 4-2 states that the MPR, DA Form 3975, is a multipurpose form used, among other reasons, to serve as a record of all military police and military police investigator activity. The original is maintained at the U. S. Army Crime Records Center (a subordinate organization of USACIDC). Paragraph 4-8 states that the DA Form 4833 is used with the DA Form 3975 to record action taken against offenders. It is initiated by the installation provost marshal and completed by the unit commander. It is filed with the DA Form 3975.
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. 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.
2. There does not appear to be any Article 15 pertaining to the applicant filed in
USACIDC files. A DA Form 4833, which indicates the applicant received an Article 15, is filed with the MPR relevant to the assault charge. The Board acknowledges that it appears the assault charge was not considered to be a serious matter by his chain of command; however, the DA Form 4833 is properly filed. The applicant provides no evidence that the DA Form 4833 is being used improperly to adversely affect his career advancement.
3. 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
__FNE__ __ TSK _ _ _LEM __ DENY APPLICATION
| CASE ID | AR2002074851 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/08/13 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 134.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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