| Mr. Carl W. S. Chun | Director | |
| Mr. Joseph A. Adriance | Analyst |
| Mr. Walter T. Morrison | Chairperson | ||
| Mr. Christopher J. Prosser | Member | ||
| Ms. Yolanda Maldonado | Member |
2. 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).
3. The applicant states, in effect, that he received the nonjudicial punishment (NJP) in question very early in his career. He claims that since then, he has served with honor both on and off duty, as is evidenced by his service record. He states that he has successfully served in positions above his grade with trust and maturity, and he has earned the Army’s trust by reaching the rank of master sergeant (MSG) ahead of his peers. Further, he claims that he has obtained a bachelor of science degree, and he is currently working on a masters degree in Human Relations. Finally, he concludes that he feels that the NJP records in question have served their purpose and usefulness.
4. The applicant’s military records show that he is currently serving on active duty in Germany, and he holds the rank of MSG.
5. On 7 June 1985, while serving as a specialist four (SP4) in Germany, the applicant accepted NJP for wrongfully using marijuana. His punishment for this offense was a suspended reduction to private/E-1, 45 days of extra duty, and
30 days of restriction. 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. The applicant elected not to appeal.
6. On 23 April 1987, while serving as a SP4 at Fort Carson, Colorado, the applicant accepted NJP for stealing $408.00 in cash, the property of another soldier. His punishment for this offense included a suspended reduction to private first class/E-3, a forfeiture of $188.00, and 14 days of extra duty. 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. The applicant elected not to appeal.
7. On 15 January 1988, while serving as a sergeant (SGT ) at Fort Knox, Kentucky, the applicant accepted NJP for disobeying the lawful order of a noncommissioned officer not to consume alcoholic beverages in the barracks. The punishment for this offense included a suspended forfeiture of $106.00 and seven days of extra duty and restriction. 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. The applicant elected not to appeal.
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 contains instructions on the disposition of the DA Form 2627. Paragraph 3-37b(1) 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.
10. Paragraph 3-37b(2) states, in pertinent part, that for all other soldiers, in the ranks of sergeant (SGT) and above, the original will be sent to the appropriate custodian for filing in the OMPF. The decision to file the original DA Form 2627 on the performance fiche or the restricted fiche in the OMPF will be determined by the imposing commander at the time punishment is imposed. The filing decision of the imposing commander is final.
CONCLUSIONS:
1. The Board notes the applicant’s contention that three DA Forms 2627 should be removed from the R-Fiche portion of his OMPF, and it finds partial 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 1985 and 1987, while serving in the rank of SP4, would be filed in the local unit file and would be destroyed after 2 years under current regulatory standards. Therefore, the Board concludes that given the passage of time, these current standards should be applied and that it would be appropriate to remove the DA Forms 2627, dated 7 June 1985 and 23 April 1987, from the applicant’s OMPF at this time.
3. However, the evidence of record also confirms that the disposition and filing of the record of NJP accepted by the applicant on 15 January 1988, while he was serving in the rank of SGT, was accomplished in accordance with applicable regulations in effect at the time. Further, the Board is satisfied that all requirements of law and regulation were met and the rights of the applicant were fully protected throughout the NJP process.
4. In addition, the Board finds that the filing determination made by the commander at the time the 1988 NJP was imposed is still valid under current regulatory standards. Thus, it concludes that removing this DA Form 2627 from the applicant’s record is not appropriate at this time.
5. In view of the foregoing, the applicant’s records should be corrected as recommended below.
RECOMMENDATION:
1. That all of the Department of the Army records related to this case be corrected by removing the DA Forms 2627, dated 7 June 1985 and 23 April 1987, from the OMPF of the individual concerned.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__WTM__ __CJP _ __YM __ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
_ _Walter T. Morrison_ __
CHAIRPERSON
| CASE ID | AR2002079667 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 2003/01/30 |
| TYPE OF DISCHARGE | N/A |
| DATE OF DISCHARGE | N/A |
| DISCHARGE AUTHORITY | N/A |
| DISCHARGE REASON | N/A |
| BOARD DECISION | GRANT PARTIAL |
| REVIEW AUTHORITY | |
| ISSUES 1. 267 | 123.0700 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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