| Mr. Carl W. S. Chun | Director | |
| Mrs. Nancy L. Amos | Analyst |
| Ms. Kathleen A. Newman | Chairperson | |
| Mr. Lester Echols | Member | |
| Mr. John T. Meixell | Member |
APPLICANT REQUESTS: That his Article 15 dated 24 January 1988 be removed from his records.
APPLICANT STATES: The applicant makes no additional statement. He indicated that a memorandum was attached to the application; however, no documents were attached to the application.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted in the Regular Army on 3 January 1985. He has had continuous service since.
On 24 January 1988, the applicant accepted nonjudicial punishment under Article 15, Uniform Code of Military Justice for failing to obey an order not to have alcohol in his billets area. His punishment was a reduction to pay grade E-3 (suspended); a forfeiture of $208.00 pay; and extra duty for 14 days. The Article 15 was directed to be filed on the restricted fiche of his Official Military Personnel File.
The applicant was promoted to Staff Sergeant, E-6 on 1 August 1999.
Army Regulation 600-8-104 (Military Personnel Information Management/Records) prescribes the policies for filing documents on the OMPF.
The version with change 11 effective 9 November 1987 stated that, for Article 15s issued on or after 10 August 1987, the DA Form 2627 for soldiers in grade E-4 or below with less than 3 years of service at the time of imposition will be filed only in local nonjudicial punishment files.
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. The Board notes that, as an E-4 with more than 3 years of service, the applicant’s Article 15 was properly filed in his restricted fiche in accordance with regulation and the determination of the imposing commander and there is no evidence of error.
2. The applicant is currently a staff sergeant, E-6. Disciplinary information from his restricted fiche will not be routinely provided to selection boards until the time he is considered for promotion to E-9 or attendance at the Sergeants Major Academy. His desire to have a 15-year old Article 15 removed from his files based upon his subsequent service record is understandable. However, promotion and school selection board members are experienced and capable of distinguishing between one youthful indiscretion and a “problem” record of service. In the event a selection choice comes down between two soldiers with an equal record of service, all information properly filed on an OMPF must be available to board members in order to equitably make their selection choice. Given the above and the fact the Article 15 was properly filed on his OMPF, it would not be equitable to remove the Article 15 from the applicant’s restricted fiche.
3. 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
__kan___ __le____ _jtm____ DENY APPLICATION
| CASE ID | AR2003090450 |
| SUFFIX | |
| RECON | |
| DATE BOARDED | 20031003 |
| TYPE OF DISCHARGE | |
| DATE OF DISCHARGE | |
| DISCHARGE AUTHORITY | |
| DISCHARGE REASON | |
| BOARD DECISION | DENY |
| REVIEW AUTHORITY | Mr. Chun |
| ISSUES 1. | 126.06 |
| 2. | |
| 3. | |
| 4. | |
| 5. | |
| 6. |
ARMY | BCMR | CY2002 | 2002068544C070402
APPLICANT REQUESTS: That his Article 15 dated 21 August 1987 be removed from the restricted section of his Official Military Personnel File (OMPF). The Board notes that, as an E-5, the applicant’s Article 15 was properly filed in his restricted fiche in accordance with regulation and the determination of the imposing commander and there is no evidence of error. Disciplinary information from his restricted fiche will not be routinely provided to selection boards until the time he is...
ARMY | BCMR | CY2004 | 20040011755C070208
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.
ARMY | BCMR | CY2004 | 2004105588C070208
The applicant requests that the record of nonjudicial punishment (Article 15) be removed from the restricted portion of his official military personnel file (OMPF). His commanding officer directed that the record of punishment be placed in the applicant's restricted fiche. Documents on the restricted fiche are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; record investigation...
ARMY | BCMR | CY2008 | 20080016195
The applicant requests, in effect, removal of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), from his official military personnel file (OMPF). The applicant states that he would like the Article 15 removed from his OMPF because it is over 20 years old and he received it during his first active duty tour. Given the above and the fact the Article 15 was properly filed on his OMPF, it would not be equitable to remove the Article 15 from his records.
ARMY | BCMR | CY2008 | 20080006450
The applicant requests that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) imposed on 4 June 1996, and a General Officer Memorandum of Reprimand (GOMOR), dated 14 June 1996, be removed from the restricted section of his Official Military Personnel File (OMPF). The DA Form 2627 imposed on 4 June 1996 and the 14 June 1996 GOMOR were properly filed in the performance section of the applicants OMPF and then subsequently transferred to the restricted section of his OMPF as...
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 | CY2005 | 20050011754C070206
However, because the promotion boards can see his restricted fiche, the GOMOR has prevented him from being selected for promotion to the pay grade of E-7. Army Regulation 600-8-19, Enlisted Promotions and Reductions, serves as the authority for the conduct of selection boards. Promotion boards for selection to the pay grades of E-7 and E-8 are not routinely provided information from the restricted fiche of eligible Soldiers.
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 | CY2005 | 20050000161C070206
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...
ARMY | BCMR | CY2001 | 2001062179C070421
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 record of NJP was properly filed on the Restricted Fiche of the applicant’s OMPF in accordance with the imposing commander’s instructions and the applicable regulations in effect at the time.