| Mr. Carl W. S. Chun | Director | |
| Mr. William Blakely | Analyst |
| Mr. Melvin H. Meyer | Chairperson | ||
| Mr. Eric N. Andersen | Member | ||
| Mr. John T. Meixell | Member |
2. The applicant requests, in effect, that the Record of Proceedings Under Article 15, UCMJ (DA Form 2627), dated 23 December 1982, be removed from his Official Military Personnel File (OMPF).
3. The applicant states In effect, that he does not deny performing the act identified in the nonjudicial punishment (NJP) action, but he feels that he was singled out for prosecution in order to be made an example. He states that his team consisted of four members, and that the team leader was a specialist four (SP4), who upon his arrival in the team introduced horseplay with an unloaded weapon. He claims that he knows that his actions were wrong, but that peer pressure at that age was intense, and he did it in order to be accepted by the team. He claims that since his departure from the military, he has been a law abiding and upstanding member of his community, doing volunteer work, raising a family, attaining a Bachelor’s Degree in Computer Science, and being close to finishing the requirements for a Master’s Degree in Software Engineering. He states that the reason he is requesting this action, is that he would like to obtain a position in the Information Technology sector within the Federal government, and this is the only blemish on his otherwise exemplary career. In support of his application, he submits a copy of his separation document (DD Form 214)
4. The applicant’s military records show that on 16 November 1984, the applicant was honorably released from active duty (REFRAD), by reason of expiration term of service, after completing 3 years of active military service.
5. The DD Form 214 issued to and authenticated by the applicant with his signature on the date of his separation confirms that he held the rank and pay grade of specialist four/E-4 (SP4/E-4) on that date. It also verifies that he was trained and served in military occupational specialty (MOS) 95B (Military Police), and that during his active duty tenure he was awarded the Army Good Conduct Medal.
6. On 21 December 1982, the applicant accepted NJP for assaulting a soldier by pointing a .45 caliber weapon at him. The applicant elected to have his case considered by his unit commander in a closed hearing. He also requested that an individual be allowed to speak in his behalf and he indicated that he would provide matters in extenuation, mitigation, or defense at the hearing. Subsequent to the hearing, after considering all matters presented in defense, mitigation, and in extenuation, the unit commander imposed the following punishment: reduction to the pay grade E-2 (suspended); a forfeiture of $150.00 pay for 6 months (suspended); and 14 days of extra duty.
7. At the conclusion of the closed hearing, the unit commander elected to direct the filing of the original DA Form 2627 in the restricted portion (R-Fiche) of the applicant’s OMPF. The applicant elected not to appeal the punishment.
8. Army Regulation 27-10 (Military Justice), prescribes the policies and procedures pertaining to the administration of military justice. Chapter 3 implements and amplifies Article 15, UCMJ, and Part V, MCM. It states, in pertinent part, that the decision whether to file a record of NJP on the performance fiche of a soldier's OMPF rests with the imposing commander at the time punishment is imposed.
9. Paragraph 3-37, currently in effect, provides instructions on the disposition of the DA Form 2627. It states, in pertinent part, that for soldiers in the rank of
SPC or CPL and below, the DA Form 2627 will be filed locally in unit nonjudicial punishment files. Such locally filed originals will be destroyed at the end of
2 years from the date of imposition of punishment or on the soldier's transfer to another GCMCA, whichever occurs first.
CONCLUSIONS:
1. The Board notes the applicant’s contention that the DA Form 2762, dated
21 December 1982 should be removed from the R-Fiche portion of his OMPF, and it finds merit in his request.
2. Although properly filed in accordance with the imposing commander’s intent and in accordance with the regulations in effect at the time, the records of NJP accepted by the applicant in 1982, while serving in the rank of PFC, would be filed in the local unit file and would be destroyed after 2 years under current regulatory standards. The Board finds that given the passage of time, the intended purpose of the NJP has been served. Therefore, the Board concludes that it would appropriate to apply these current standards and remove the
DA Form 2627, dated 21 December 1982, from the applicant’s OMPF at this time.
3. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
That all of the Department of the Army records related to this case be corrected by removing the DA Form 2627, dated 21 December 1982, from the OMPF of the individual concerned.
BOARD VOTE:
__MHM__ __ENA __ __JTM__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Melvin H. Meyer__
CHAIRPERSON
| CASE ID | AR2002076725 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2002/11/05 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 123.0700 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2009 | 20090003496
The applicant requests, in effect, that his DA Forms 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 20 August 1984 and 14 May 1991, be removed from his official military personnel file (OMPF). Subsequently, the applicant elected not to appeal punishment and the imposing commander directed the DA Form 2627 be filed in the restricted portion of the applicant's OMPF. The evidence of record confirms that there are two 20 August 1984 DA Forms 2627...
ARMY | BCMR | CY2002 | 2002079667C070215
The applicant requests, in effect, that three Records of Proceedings Under Article 15, UCMJ (DA Forms 2627) be removed from the restricted portion (R-Fiche) of his Official Military Personnel File (OMPF). The applicant was advised by his unit commander that the DA Form 2627 would be filed in the R-fiche portion of his OMPF, and that he had 5 calendar days to appeal the action. However, the evidence of record also confirms that the disposition and filing of the record of NJP accepted by the...
ARMY | DRB | CY2006 | 20060000420
The applicant requests, in effect, removal of a Record of Proceedings Under Article 15, UCMJ (DA Form 2627) from the restricted portion (R-Fiche) of his Official Military Personnel File (OMPF). Paragraph 3-43 of the military justice regulation contains guidance on the transfer or removal of records of nonjudicial punishment (DA Form 2627) from the OMPF. It states, in pertinent part, applications for removal of an Article 15 from the OMPF based on an error or injustice will be made to the...
ARMY | BCMR | CY2005 | 20050016151C070206
The applicant requests, in effect, removal of a Record of Proceedings Under Article 15, UCMJ (DA Form 2627) from his Official Military Personnel File (OMPF). Paragraph 3-43 of the military justice regulation contains guidance on the transfer or removal of records of nonjudicial punishment (DA Form 2627) from the OMPF. It states, in pertinent part, applications for removal of an Article 15 from the OMPF based on an error or injustice will be made to the Army Board for Correction of Military...
ARMY | BCMR | CY2007 | 20070013556
The applicant requests removal of Record of Proceedings under Article 15 of the Uniform Code of Military Justice (DA Form 2627), dated 6 June 2000, from the restricted fiche (R-fiche) of his Official Military Personnel File (OMPF). It states, in pertinent part, that the imposing commander will ensure that the soldier is notified of the commander's intention to dispose of the matter under the provisions of Article 15. It states, in pertinent part, applications for removal of an Article 15...
ARMY | BCMR | CY2002 | 2002070252C070402
APPLICANT REQUESTS: That the record (DA Form 2627) of a 9 December 1986 nonjudicial punishment (NJP) imposed under the provisions of Article 15, Uniform Code of Military Justice be expunged from the restricted portion of his Official Military Personnel File (OMPF). EVIDENCE OF RECORD : The applicant's military records show: Effective in 1987 Army Regulation 27-10 was changed to provide for the filing of NJP in a unit punishment file and the military personnel record jacket (MPRJ) for...
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 | CY2002 | 2002078693C070215
The applicant requests, in effect, that a Record of Proceedings Under Article 15, UCMJ (DA Form 2627) be removed from the restricted portion (R-Fiche) of his Official Military Personnel File (OMPF). A review of the applicant’s record confirms that the NJP in question is filed on the R-Fiche of the applicant’s OMPF. Therefore, the Board finds that the NJP record in question was erroneously filed in the R-Fiche of the applicant’s OMPF, and it would be appropriate to remove it from the record...
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 | CY2001 | 2001061298C070421
I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual. EVIDENCE OF RECORD : The applicant's military records show: The regulation currently in effect, provides in pertinent part, that NJP imposed against soldiers in the pay grade of E-4 and below will be filed locally in unit NJP files for a period of 2 years.