| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Ms. Celia L. Adolphi | Chairperson | ||
| Mr. Ted S. Kanamine | Member | ||
| Mr. Conrad V. Meyer | Member |
2. 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).
3. The applicant states, in effect, that the filing of this nonjudicial punishment (NJP) record in the R-Fiche of his OMPF is contrary to the guidance established in the governing regulation.
4. The applicant’s military records show that he is currently serving on active duty in an Active Guard Reserve (AGR) status at Fort McCoy, Wisconsin, and he holds the rank and pay grade of sergeant first class/E-7 (SFC/E-7).
5. On 17 November 1991, while serving as a specialist/E-4 (SPC/E-4), the applicant accepted NJP for being absent from his unit without authority on
17 November 1991. His punishment for this offense was a reduction to private first class/E-3 and a forfeiture of $50.00. The imposing commander did not direct the filing of the NJP record in the OMPF. Item 5 of the DA Form 2627, which contains the imposing commander’s OMPF filing instructions was lined out; thus, indicating that OMPF filing was not applicable in that case.
6. A review of the applicant’s record confirms that the NJP in question is filed on the R-Fiche of the applicant’s OMPF. The record contains no information in regard to who directed this filing, or why the DA Form 2627 was filed in the OMPF.
7. 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. Instructions on the disposition of DA Form 2627 are contained in Paragraph 3-37. It states, in pertinent part, that for soldiers in the rank of specialist or corporal 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 General
Court-Martial Convening Authority (GCMCA), whichever occurs first.
CONCLUSIONS:
1. The Board notes the applicant’s contention that the DA Form 2627, dated
17 November 1991, should be removed from the R-Fiche of his OMPF, and it finds merit in his request.
2. By regulation, DA Forms 2627 on soldiers in the rank of specialist or corporal and below will be filed locally in unit NJP files. Given the applicant was serving as a SPC/E-4 at the time he accepted the 1991 NJP, the DA Form 2627 in question should have been filed locally and destroyed after two years or upon his transfer to another GCMCA. 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 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 17 November 1991, from the OMPF of the individual concerned.
BOARD VOTE:
__CLA__ __TSK___ __CVM__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
____Celia L. Adolphi__
CHAIRPERSON
| CASE ID | AR2002078693 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2002/12/10 |
| TYPE OF DISCHARGE | N/A |
| DATE OF DISCHARGE | N/A |
| DISCHARGE AUTHORITY | N/A |
| DISCHARGE REASON | N/A |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. 281 | 126.0400 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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