RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:              OCTOBER 28, 2004
      DOCKET NUMBER:      AR2004100052


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Marla J. N. Troup             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the Records of Proceedings
under Article 15, dated December 1985 and August 1986 and, the Record of
Supplementary Actions, dated August 1986, be removed from his restricted
Fiche (R-Fiche), in his Official Military Personnel File (OMPF).  He adds
that he requests that his application be strongly considered in his favor
for the upcoming Sergeants Major Selection Board review coming in 2004.  He
would like to have his slate clean and his R-Fiche cleared of these ancient
proceedings of UCMJ.

2.  The applicant states, in effect, that those proceedings were
administered to him when he was a Private.  He has since served distinctly
and commendably for 18 years.  He has received Noncommissioned Officer
Evaluation Reports denoting this period of commendable service.  He has
been promoted through the ranks and, he attained the rank of First Sergeant
in May 2000.  He has successfully served in that capacity for three years
in two separate units.

3.  The applicant provides copies of Noncommissioned Officer Evaluation
Reports (NCOERs) covering his career from 1990 through 2003, Academic
Evaluation Reports (AERs) for school courses completed during the period
from 1991 through 2003, diplomas, certificates of training, and other
commendatory documents he received for the period 1986 through 2003, in
support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant, a First Sergeant, currently on active duty received non-
judicial punishment (NJP) under the provisions of Article 15 of the
Uniformed Code of Military Justice (UCMJ) on 6 December 1985 for being
derelict in the performance of his duties on 4 December 1985.  The officer
who imposed the nonjudicial punishment directed that the original DA Form
2627 be filed in the applicant's R-Fiche of his OMPF.  The applicant did
not appeal the punishment.

2.  The applicant received NJP, under the provisions of Article 15 of the
UCMJ, on 1 August 1986, while he was serving in the rank and pay grade,
Private, E-2, for committing an assault upon another Soldier on 26 July
1986.  As part of the punishment imposed, the applicant was reduced to the
rank and pay grade, Private, E-1; however, the reduction was suspended for
60 days.  The officer who imposed the NJP directed that the original DA
Form 2627 be filed in the applicant's R-Fiche of his OMPF.  The applicant
did not appeal the punishment.

3.  On 26 August 1986, the suspension of the punishment of reduction to
Private, pay grade, E-1, which was imposed on the applicant on 1 August
1986, was vacated because the applicant failed to return to his unit from
the dental clinic on 25 August 1986.

4.  Army Regulation 600-8-104 prescribes the policies and mandated
operating tasks for the Military Personnel (MILPER) Information
Management/Records Program of the Military Personnel System.

5.  AR 600-8-104, Table 2-1, provides that DA Form 2627, Record of
Proceedings Under Article 15, UCMJ, issued on or after 1 November 1982 will
be filed in the P-Fiche (Performance Fiche) or the R-Fiche, as directed by
Item 5, DA Form 2627.  This same table provides that DA Form 2627-2, Record
of Supplementary Action under Article 15, UCMJ, will be filed in the same
fiche location as the original DA Form 2627.

6.  AR 600-8-104, paragraph 2-6d, provides that disciplinary information
filed on the restricted fiche will be provided to the Command Sergeant
Major/Sergeant Major (CSM/SGM), SGM Academy Selection and CSM/SGM Retention
Boards to ensure the best qualified Soldiers are selected for these
positions of highest trust.  For the purposes of this provision,
disciplinary information includes court-martial orders, DA Forms 2627,
Record of Proceedings Under Article 15, UCMJ, and punitive or
administrative letters of reprimand, admonition, or censure.

7.  The NCOERs, AERs, and other documents submitted by the applicant, which
are on file in the applicant's P-fiche, were reviewed and are acknowledged.

DISCUSSION AND CONCLUSIONS:

1.  The Records of Proceedings Under Article 15, UCMJ, and the Record of
Supplementary Action under Article 15, UCMJ, were filed as directed in Item
5, DA Form 2627, by the officer who imposed the nonjudicial punishment.
Filing of these documents is in accordance with guidance provided in Table
2-1,
AR 600-8-104.

2.  The applicant's service over the past 18 years is acknowledged.  The
applicant has been promoted through the ranks to his current pay grade, E-
8, despite having these documents on file in his R-Fiche.  The applicant's
desire to
clean his slate and his R-Fiche of these "ancient proceedings" is
understandable; however, these records do have historical significance
insofar as it relates to the applicant's career and, they have a direct
bearing on the Army's efforts to ensure the best qualified Soldiers are
selected for these positions of highest trust.

3.  In order to justify correction of a military record, the applicant must
show, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

mt______  lf  ______  rjw _____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.





            ____Raymond J. Wagner___
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004100052                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20041028                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  277  |126.0000                                |
|2.  281                 |126.0400                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |



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