| Mr. Carl W. S. Chun | Director | |
| Mr. W. W. Osborn, Jr. | Analyst |
| Ms. Shirley L. Powell | Chairperson | |
| Mr. Walter T. Morrison | Member | |
| Mr. Thomas A. Pagan | Member |
APPLICANT REQUESTS: . In effect, that a December 1983 record of nonjudicial punishment (NPJ) under Article 15, Uniform Code of Military Justice (UCMJ) be expunged from his Official Military Personnel Record.
APPLICANT STATES: That the NJP represents a single, isolated incident in his career. Since that incident, he has had no disciplinary actions or any alcohol related incidents.
EVIDENCE OF RECORD: The applicant's military records show:
He is a Regular Army sergeant first class (SFC) with approximately 21 years of total service in the Army Reserve, Army National Guard, and Regular Army and about 15 years of active duty service.
The applicant enlisted in the Regular Army and entered active duty on 22 September 1981. On 14 December 1983, while he was stationed in Germany, the battalion commander, a lieutenant colonel, imposed NJP for drunk driving. The punishment consisted of reduction to pay grade E-4 and the officer imposing the punishment directed that the record of the Proceedings Under Article 15, UCMJ (DA Form 2627) be filed in the restricted portion of the applicant's OMPF.
There is no other discreditable information of record and no other documents in the restricted portion of the applicant's OMPF. After attaining the rank of SFC in the Army National Guard the applicant enlisted in the Regular Army as a staff sergeant (E-6) in December 1996. The applicant last reenlisted (in the Regular Army) on 4 January 1999 and was promoted to SFC effective 1 November 1999. He has been awarded numerous personal decorations, including the Meritorious Service Medal; several unit awards. He holds the Military Free Fall Jumpmaster Badge and parachutist badges from four foreign countries.
Army Regulation 27-10 provides policy for the administration of military justice. Chapter 3 provides that nonjudicial punishment is appropriate in all cases involving minor offenses in which non-punitive 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. It preserves a member's record of service from unnecessary stigma by a record of court-martial conviction; and furthers military efficiency by disposing of minor offenses in a manner requiring fewer resources than trial by court-martial. The imposing commander is not bound by the formal
rules of evidence before courts-martial and may consider any matter, including un-sworn statements the commander reasonably believed to be relevant to the case. Furthermore, whether to impose punishment and the nature of the punishment are the sole decisions of the imposing commander.
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. As its name indicates, nonjudicial punishment is different from a trial by court-martial. A nonjudicial punishment hearing is a more informal proceeding where the rules of evidence need not be strictly applied. Before he elected to accept nonjudicial punishment the applicant was made aware of these differences and of his right to demand court-martial where he would receive the protection of the rules of evidence. Instead he chose to have the matter settled at nonjudicial punishment.
2. The 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 substantive violation of any of the applicant's rights.
3. The Army has an obligation to maintain a complete and accurate record of an individual's service. The placement of a record of NJP on the restricted fiche enables the Army to maintain that historical record without unduly jeopardizing the individual's career.
4. Careful consideration has been given to the applicant's subsequent service following NJP. However, there is no available evidence that the existence of the record of this NJP on the applicant's restricted fiche has or will disadvantage him in any way. Therefore, no injustice exists and granting the requested relief is not appropriate.
5. 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.
6. 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
__SLP__ __WTM __ __TAP__ DENY APPLICATION
| CASE ID | AR2002082511 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20030909 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. | 126.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
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