| Mr. Carl W. S. Chun | Director | |
| Mr. Jessie B. Strickland | Analyst |
| Mr. John N. Slone | Chairperson | ||
| Ms. Lana E. McGlynn | Member | ||
| Mr. William D. Powers | Member |
APPLICANT REQUESTS: The removal of a record of nonjudicial punishment (DA Form 2627) from the restricted fiche of his Official Military Personnel File (OMPF).
APPLICANT STATES: In effect, that the DA Form 2627 dated 16 January 1984 should be removed from the restricted fiche of his OMPF because the intended purpose has been served. He further states that the absence of any further disciplinary/derogatory information in his OMPF should be indicative that it was one isolated incident over 20 years. He also states that removal of the document would be in the best interest of the Army because he is well qualified to serve in a higher capacity.
EVIDENCE OF RECORD: The applicant's military records show:
He enlisted on 27 October 1982 for a period of 3 years and training as an armor crewman. He successfully completed his training and has remained on active duty through a series of continuous reenlistments.
On 16 January 1984, while serving in the pay grade of E-4 at Fort Stewart, Georgia, nonjudicial punishment (NJP) was imposed against him for failure to perform guard duty. His punishment consisted of a forfeiture of pay and extra duty. The imposing commander directed that the DA Form 2627 be filed on the restricted fiche of his OMPF.
The applicant was promoted to the pay grade of E-7 on 1 February 1999 and a review of his OMPF shows no additional derogatory information contained therein.
Army Regulation 27-10, in effect at the time, prescribes the guidelines for the filing of NJP. It states, in pertinent part, that the decision to file the original DA Form 2627 on the performance or restricted fiche of the OMPF will be determined by the imposing commander at the time punishment is imposed. Imposing commanders should consider the member's age, grade, total service (with particular attention to his or her recent performance), and the fact that the filing decision is not subject to direct appeal. Records of NJP for first offenses ordinarily should not be filed on the performance fiche of the OMPF if they do not indicate either a pattern of misconduct or a serious character deficiency or substantial breach of military discipline. The filing decision of the imposing commander is final and will be indicated in item 5 of the DA Form 2627.
Paragraph 3-37 of AR 27-10 provides the filing determination for the DA Form 2627 and associated documents. It provides, in pertinent part, that the Restricted Fiche of the OMPF is that portion of the OMPF that contains information not normally viewed by career managers or selection boards.
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. It appears that the NJP was imposed in compliance with applicable laws, regulations, and policies by a commander empowered to do so. The NJP was properly filed on the Restricted Fiche of his OMPF, as directed by the imposing commander at the time punishment was imposed.
3. While the Board understands the applicant’s concerns, the Army has an interest in maintaining such documents, and the applicant has not shown sufficient reasons why it should not remain a matter of record, even after considering his entire record.
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
__js ____ ___wdp__ __lem___ DENY APPLICATION
| CASE ID | AR2002083390 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 2003/06/19 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | |
| ISSUES 1. 281 | 126.0400/REM NJP |
| 2. | |
| 3. | |
| 4. | |
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| 6. |
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He stated that sometime in 2002 or 2003, the Army Board for Correction of Military Records (ABCMR) granted that all the NJPs be transferred to his Restricted Fiche. The evidence of record shows the Army Review Boards Agency in St. Louis transferred the applicant's Article 15 imposed on 17 October 1987 to the restricted portion of his OMPF without board action. There is no evidence of record which shows that any of the Article 15s were filed on his restricted fiche in error.
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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 | CY2002 | 2002069409C070402
The applicant requests that his record of punishment under Article 15, Uniform Code of Military Justice (UCMJ), dated 16 April 1987, and associated Army Board for Correction of Military Records (ABCMR) documents be removed from the Restricted (R) fiche of his Official Military Personnel File (OMPF). The applicant’s commander recommended that the Article 15, UCMJ, be filed on the R fiche of the applicant’s OMPF. The applicant’s record of punishment under Article 15, UCMJ, dated 16 April...
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Linda M. Barker | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests, in effect, removal of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) from the restricted portion (R-Fiche) of his Official Military Personnel File (OMPF). The commander's decision whether to file a record of nonjudicial punishment on the performance section of a Soldier's Official Military Personnel File (OMPF) is as...
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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 | CY2001 | 2001063430C070421
APPLICANT REQUESTS: That a Noncommissioned Officer Evaluation Report (NCOER) and a Record of Nonjudicial Punishment (DA Form 2627) dated 6 June 1996, be removed from his Official Military Personnel File (OMPF). The applicant appealed the bar to reenlistment and his appeal was granted on 3 December 1998. Neither the evidence submitted with his application or the evidence of record shows that the NCOER or the Record of NJP were in error or unjust.
ARMY | BCMR | CY2002 | 2002070951C070402
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. The Board considered the following evidence: EVIDENCE OF RECORD : The applicant's military records show:
ARMY | BCMR | CY2001 | 2001057824C070420
The applicant requests correction of military records as stated in the application to the Board and as restated herein. APPLICANT REQUESTS: In effect, that a record of nonjudicial punishment (DA Form 2627) be removed from the restricted fiche of his Official Military Personnel File (OMPF). APPLICANT STATES : That the nonjudicial punishment was imposed against him 17 years ago when he was a private.
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The applicant requests that his record of punishment under Article 15, Uniform Code of Military Justice (UCMJ), dated, 5 November 1999, be removed from the restricted fiche of his official military personnel file (OMPF). The applicant’s commander directed that the Article 15 be filed on the restricted fiche of the applicant’s OMPF. Paragraph 2-4 of this regulation states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that...