| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Mr. Luther L. Santiful | Chairperson | |
| Mr. Curtis L. Greenway | Member | |
| Mr. Ronald J. Weaver | Member |
APPLICANT REQUESTS: In effect, that the nonjudicial punishment (NJP) that she received in May 2000 be removed from her restricted fiche and that all related documents pertaining to the NJP be removed from her Official Military Personnel File (OMPF).
APPLICANT STATES: In effect, that the NJP that she was administered was due to an isolated incident in which she failed to use sound judgment. The incident in no way reflects her true integrity and character. Her performance has been neither diminished, nor stifled. She has demonstrated a high level of proficiency throughout her career and her efficiency reports reflect such. She requests that the Board take into consideration the total soldier and not just the one isolated incident. The applicant submits copies of the following documents in support of her request: her packet, with five letters of support, submitted to the Department of the Army Suitability Evaluation Board (DASEB) requesting that the subject NJP be transferred to her restricted fiche; a memorandum from the DASEB, dated 10 May 2002, granting her request; an approved recommendation for award of the Army Achievement Medal; orders for award of her sixth Good Conduct Medal; four Noncommissioned Officer Evaluation Reports, dated between 1998 and 2001; an Enlisted Record Brief, dated 25 April 2002; and a portion of her Personnel Qualification Record.
EVIDENCE OF RECORD: The applicant's military records show:
She is a sergeant first class (SFC/E-7) assigned to Germany and serving as a logistics staff (S-4) non-commissioned officer-in-charge (NCOIC) in a signal battalion. Her military occupational specialty (MOS) is 92Y, Unit Supply Specialist.
On 8 May 2000, the applicant accepted NJP under the provisions of Article 15, Uniform Code of Military Justice, for stealing a gold-colored ring, of a value of $39.95, the property of the Army and Air Force Exchange Service, Belgium. Her punishment included the forfeiture of $600.00 pay per month for 2 months. The applicant's commander directed that the NJP be filed on her performance fiche.
On 20 April 2001, a Department of the Army (DA) E-8 Promotion Selection Board identified the applicant for a DA Bar to Reenlistment under the Qualitative Management Program (QMP). The applicant was notified that the NJP was the basis for the DA Bar to Reenlistment.
The applicant appealed the DA denial of continued active duty service under the QMP and, on 18 December 2001, a DA Standby Advisory Board approved her request for continued active service. The applicant was informed that this approval did not preclude future imposition of a denial of continued active duty service should her record continue to warrant it. However, she was told the subject NJP could no longer be the sole basis for a future QMP determination.
The applicant petitioned the DA Suitability Evaluation Board (DASEB) for transfer of the NJP from her performance fiche to the restricted portion of her fiche. On 10 May 2002, after a second appeal, the DASEB approved the transfer of the NJP to the restricted portion of the applicant's fiche.
Army Regulation 27-10 provides policy for the administration of military justice. Chapter 3 provides that NJP is appropriate in all cases involving minor offenses in which nonpunitive measures are considered inadequate or inappropriate. It is a tool available to commanders to correct, educate and reform offenders whom the commander determines cannot benefit from less stringent measures; to preserve a member's record of service from unnecessary stigma by record of court-martial conviction; and to further military efficiency by disposing of minor offenses in a manner requiring fewer resources than trial by court-martial.
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. The applicant's NJP was imposed in compliance with applicable laws, regulations and policies. The punishment imposed was neither unjust nor disproportionate to the offense and there is no evidence of any violation of the applicant's rights.
3. The DASEB transferred the record of NJP to the applicant's restricted fiche and stated that it could no longer be used as the sole basis for a DA QMP bar. The Board, therefore, believes that there is no basis for removing it from the applicant's OMPF.
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.
BOARD VOTE:
________ ________ ________ GRANT
________ ________ ________ GRANT FORMAL HEARING
__lls__ __clg___ __rjw___ DENY APPLICATION
| CASE ID | AR2002081221 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030805 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.0000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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