| Mr. Carl W. S. Chun | Director | |
| Ms. Rosa M. Chandler | Analyst |
| Mr. Fred N. Eichorn | Chairperson | |
| Ms. Shirley L. Powell | Member | |
| Mr. Robert L. Duecaster | Member |
APPLICANT REQUESTS: That the DA Form 2627, Record of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice), imposed against her be removed from her Official Military Personnel File (OMPF).
APPLICANT STATES: In essence, that the nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice, was issued at the command level more than 5 years ago; no punishment was imposed and she has been involved in no additional incidents. The female civilian was also not punished for her involvement in the incident.
EVIDENCE OF RECORD: The applicant's military records show:
That she is a Staff Sergeant, pay grade E-6, assigned to Fort Jackson, South Carolina, serving in military occupational specialty (MOS) 71L (Administrative Specialist). She has completed more than 17 years of active military service and her current expiration of term of service date is May 2006.
While assigned to the United States Army Element (USAE) Landsouth, Verona, Italy, the applicant was charged with unlawfully striking another female on the arm with a broom handle and for unlawfully striking the same female on the face with a closed fist on 27 October 1997. In a closed hearing, the applicant's company commander offered her an NJP which she accepted on 5 November 1997. She received no punishment. The commander directed that the NJP be filed in the applicant's Restricted Fiche of her OMPF. The applicant did not appeal the NJP.
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. The imposing commander is not bound by the formal rules of evidence before courts-martial and may consider any matter, including unsworn statements the commander reasonably believed to be relevant to the case. Whether punishment is imposed and the nature of the punishment imposed is the sole decision 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. 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, and there is no evidence of any violation of any of the applicant's rights.
3. The applicant has not presented a valid reason for removal of her NJP from the restricted portion of her 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
__fne___ __slp___ __rld___ DENY APPLICATION
| CASE ID | AR2003084123 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031007 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | (DENY) |
| REVIEW AUTHORITY | |
| ISSUES 1. | 100.000 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001065967C070421
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 applicant requests correction of military records as stated in the application to the Board and as restated herein. The Board considered the following evidence:
ARMY | BCMR | CY2002 | 2002076040C070215
The applicant requests correction of military records as stated in the application to the Board and as restated herein. At the conclusion of the closed hearing, the unit commander elected to direct the filing of the original DA Form 2627 in the P-Fiche of the applicant’s OMPF, and he advised the applicant that he had the right to appeal within 5 calendar days. The evidence of record confirms the NJP in question was imposed, the applicant’s appeal of the punishment considered, and the...
ARMY | BCMR | CY2001 | 2001065357C070421
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. APPLICANT REQUESTS: That...
ARMY | BCMR | CY2003 | 2003087985C070212
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant requests...
ARMY | BCMR | CY2009 | 20090017018
The applicant requests removal of the DA Form 2627 (Record of Proceedings Under Article 15 of the Uniform Code of Military Justice (UCMJ)), dated 12 December 2001, from his official military personnel file (OMPF). The evidence of record confirms that the applicant elected not to demand a trial by court-martial and chose to have his case disposed of through Article 15 proceedings at a closed hearing with his commander. The evidence of record further shows that this DA Form 2627 is properly...
ARMY | BCMR | CY2005 | 20050005913C070206
In reference to the applicant’s misappropriation of a government vehicle, the investigating officer said that because of the mission of FHL, all the on-post military used government vehicles on a regular basis. The applicant appealed his case through DASEB and that board denied his request to remove his GOMOR from his official military personnel file (OMPF). In reference to the applicant’s misuse of a government vehicle, the investigating officer offered that testimony from the TMP...
ARMY | BCMR | CY2015 | 20150011120
e. AR 15-185 (Army Board for Correction of Military Records (ABCMR)), paragraph 2-9, states the applicant must show the burden of proof of the injustice. The applicant never sexually harassed her or any of the other complainants, and they all gave various untrue statements throughout the investigation. d. Paragraph 3-37b(1)(a) provides that the decision to file the report of NJP in the performance or restricted section of the OMPF will be made by the imposing commander at the time...
ARMY | BCMR | CY2012 | 20120019975
Application for correction of military records (with supporting documents provided, if any). The applicant requests, in effect, setting aside her Article 15, dated 25 August 2011, and restoring her rank/grade to staff sergeant (SSG)/E-6. She filed an Article 138, UCMJ, complaint against her commander that never reached the Ohio Assistant Adjutant General (ATAG) and the commander discharged her from the Active Guard Reserve (AGR) Program without processing her complaint.
ARMY | BCMR | CY2002 | 2002082903C070215
A Military Police Report, dated 1 May 2002, states that on 31 March 2002, the applicant, while in his DS Office, did engage in a personal relationship with PVT "M," a female soldier-in-training under his charge, by hugging and kissing her. The imposing commander is not bound by the formal rules of evidence before courts-martial and may consider any matter, including unsworn statements the commander reasonably believed to be relevant to the case. DISCUSSION : Considering all the evidence,...
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.