| Mr. Carl W. S. Chun | Director | |
| Mr. Kenneth H. Aucock | Analyst |
| Mr. Curtis L. Greenway | Chairperson | |
| Mr. Ernest W. Lutz, Jr. | Member | |
| Mr. Larry C. Bergquist | Member |
2. The applicant requests that his records of nonjudicial punishment under Article 15, Uniform Code of Military Justice (UCMJ), be expunged from his Official Military Personnel File (OMPF).
3. The applicant states that it has been 16 years since he received the punishment and the intent of the punishment has been served. Both offenses for which he was punished occurred during his first three years in the Army. He was in the middle of a divorce and drank to ease the pain. He has since turned his life around. He opted to do nothing concerning the records of punishment because he did not want to hide anything from the sergeant first class promotion board; however, with his retirement date pending (1 November 2003), he feels that those records should be expunged. He provides copies of his evaluation reports that show that he is a good leader.
4. The applicant’s military records show that he enlisted in the Army for 4 years on 25 October 1983 and has remained on continuous active duty. He has completed numerous military courses of instruction, to include the Primary Leadership Development Course in 1988, Army Precommission Course in 1989, and the Basic Noncommissioned Officer Course in 1992. The applicant was promoted to the rank of sergeant in 1989 and staff sergeant on 1 September 1997. He has received multiple awards of the Army Achievement Medal, the Army Commendation Medal, and the Army Good Conduct Medal.
5. The applicant's NCO evaluation reports show that his rating officials considered him an outstanding soldier.
6. On 17 June 1986, the applicant, then a specialist four (pay grade E-4) received nonjudicial punishment for hitting four individuals, for being drunk and disorderly, and for resisting arrest. He was sentenced to be reduced to pay grade E-3 and to a forfeiture of $408.00 for 1 month, with the forfeiture suspended for 6 months. The applicant's commanding officer directed that the record of punishment be placed in the restricted fiche of his OMPF.
7. On 4 November 1986 the applicant received nonjudicial punishment for being drunk and disorderly on 4 October 1986. He was sentenced to be reduced to pay grade E-2, to extra duty, and to restriction. He appealed. His appeal was denied. The suspension of his punishment of a forfeiture of $408.00 for 1 month was vacated. The applicant's commanding officer directed that the record of punishment be placed in the performance fiche of his OMPF.
8. The applicant's OMPF shows that the records of both Article 15 punishments are in his restricted fiche, and that the record of the punishment that he received on 4 November 1986 is also in his performance fiche.
9. Army Regulation 27-10 provides policy for the administration of military justice. Chapter 3 provides that nonjudicial punishment (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. It also provided that the officer imposing NJP determines whether the report of NJP (DA Form 2627) is to be filed on the individual's restricted or performance fiche.
10. Army Regulation 600-8-104 states, in pertinent part, that the performance fiche of the OMPF is used for filing performance, commendatory, and disciplinary data. It states that the restricted fiche is used for historical data that may normally be improper for viewing by selection boards or career managers. Its release is highly controlled. The restricted fiche is intended to provide an unbroken historical record of an individual’s service while protecting the interests of both the soldier and the Army.
11. That regulation also states that once placed in the OMPF, a document becomes a permanent part of that file and will not be removed or moved to another part of the fiche unless directed by certain agencies, to include this Board.
CONCLUSIONS:
1. The applicant’s military service from 1988 has been commendable as evidenced by his evaluation reports, the awards that he has received, the training he has completed, and by his promotion to his current rank. He received the nonjudicial punishments 17 years ago, and the intended effect of those punishments has been served. Nonetheless, the records should be maintained, as they are now, in the restricted fiche of his OMPF. However, in the best interest of justice, the record of the punishment that he received on 4 November 1986, contained in both his restricted and performance fiche, should be stricken from the performance fiche of his OMPF.
2. 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 expunging from the performance fiche of the applicant's OMPF the record of proceedings under Article 15, UCMJ, that he received on 4 November 1986.
2. That so much of the application as is in excess of the foregoing be denied.
BOARD VOTE:
__CLG __ __EWL__ ___LCB__ GRANT AS STATED IN RECOMMENDATION
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
___Curtis L. Greenway _____
CHAIRPERSON
| CASE ID | AR2003087976 |
| SUFFIX | |
| RECON | YYYYMMDD |
| DATE BOARDED | 20031030 |
| TYPE OF DISCHARGE | (HD, GD, UOTHC, UD, BCD, DD, UNCHAR) |
| DATE OF DISCHARGE | YYYYMMDD |
| DISCHARGE AUTHORITY | AR . . . . . |
| DISCHARGE REASON | |
| BOARD DECISION | GRANT |
| REVIEW AUTHORITY | |
| ISSUES 1. | 134.00 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2001 | 2001053849C070420
The applicant requests, in effect, that a 1986 record of nonjudicial punishment (NJP) be expunged from his Official Military Personnel File (OMPF) However, Army Regulation 600-8-104, currently in effect, and which replaced Army Regulation 640-10, states that disciplinary information filed on the restricted fiche will be provided to Command Sergeant Major/sergeant major (CSM/SGM) and SGM academy selection boards. As such the Board concludes that the 1986 record of NJP has served its purpose...
ARMY | BCMR | CY2001 | 2001058202C070420
I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. The applicant requests that the record of nonjudicial punishment under Article 15, UCMJ, that he received in 1976 be transferred from the performance portion of his official military personnel file (OMPF) to the restricted portion; or that the record be expunged entirely from his OMPF. The applicant’s military...
ARMY | BCMR | CY2004 | 20040000318C070208
The applicant requests that a record of nonjudicial punishment (Article 15) and a service school academic evaluation report (AER) be expunged from his OMPF (Official Military Personnel File). Once placed in the OMPF, the document becomes a permanent part of that file and will not be removed from a fiche or moved to another part of the fiche unless directed by certain agencies, to include the Army Board for Correction of Military Records (ABCMR). There is no injustice in maintaining the...
ARMY | BCMR | CY2003 | 03096507C070212
On 25 June 2003 the Commanding General, United States Army Japan/9th Theater Support Command set aside the applicant's punishment that he received under Article 15, UCMJ. Paragraph 3-6 states in effect, that the commander imposing the punishment also determines whether the record of the punishment is filed in the performance or the restricted fiche of the Soldier's OMPF. As noted above, when a record of nonjudicial punishment is filed in the restricted fiche of a Soldier's OMPF, the DA...
ARMY | BCMR | CY2003 | 2003090019C070212
COUNSEL CONTENDS : In a four page attachment to the applicant’s DD Form 149 (Application For Correction of Military Record) that his records be corrected by expunction of the Article 15 dated 24 November 1986 and Article 15 dated 1 June 1987 from his official military personnel file (OMPF). In addition, counsel states that, at the time the Article 15s were issued, Army Regulation 640-10 (Individual Military Personnel Records) which established the policies and provisions for maintenance and...
ARMY | BCMR | CY2002 | 2002079667C070215
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). 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. However, the evidence of record also confirms that the disposition and filing of the record of NJP accepted by the...
ARMY | BCMR | CY2002 | 2002078568C070215
The applicant requests that the Record of Proceedings of nonjudicial punishment imposed under Article 15, Uniform Code of Military Justice (UCMJ), on 25 January 1988, be removed from his Official Military Personnel File (OMPF). The applicant states that, as of 17 January 1990, nonjudicial punishment under Article 15, UCMJ, is no longer filed in the OMPF of pay grades E-4 and below. The applicant’s military records show that he initially served in the U.S. Army Reserve.
ARMY | BCMR | CY2003 | 2003084609C070212
APPLICANT REQUESTS: That her 18 November 1986 nonjudicial punishment (NJP) imposed under Article 15, Uniform Code of Military Justice (UCMJ) and her removal as a Drill Sergeant Candidate, filed on the restricted (R) fiche of her Official Military Personnel File (OMPF), be expunged from her records. In support of her case, she submits a physician's recommendation for her return to Drill Sergeant Duty, a reinstatement authorization for the Drill Sergeant Program and orders awarding her...
ARMY | BCMR | CY1996 | 9606933C070209
The applicant requests that the record of a 1987 nonjudicial punishment imposed under Article 15, UCMJ be expunged from his Official Military Personnel Record (OMPF), both his performance and restricted fiche. Therefore, removal of the nonjudicial punishment from his restricted fiche of his official file is not warranted. In consideration of the foregoing findings and conclusions it would be appropriate to correct the applicants records as recommended below.
ARMY | BCMR | CY2005 | 20050004579C070206
Carol Kornhoff | |Member | The Board considered the following evidence: Exhibit A - Application for correction of military records. The applicant requests that a 1994 record of non-judicial punishment under Article 15 of the Uniform Code of Military Justice (UCMJ) be expunged from the restricted portion of his OMPF (Official Military Personnel File). It also provides that the officer imposing NJP determines whether the report of NJP is to be filed on the individual’s restricted...