RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 15 November 2005
DOCKET NUMBER: AR20050001497
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. Richard P. Nelson
Analyst
The following members, a quorum, were present:
Mr. Stanley Kelley
Chairperson
Mr. John T. Meixell
Member
Mr. Robert L. Duecaster
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 a 3 March 1993 record of nonjudicial punishment (NJP) be expunged from his Official Military Personnel File (OMPF).
2. The applicant states since receipt of the Article 15, I have held every position in the Field Artillery from: Gunner, Section Chief, Drill Sergeant, Gunnery Sergeant, and Platoon Sergeant. He claims his performance has been outstanding in each of these positions. He was considered for promotion to master sergeant, but not selected, and feels the reason for his non-selection is the fact that the NJP is in his OMPF. The applicant feels removal of the NJP would be in the best interest of both the Army and himself.
3. The applicant provides copies of his last five Noncommissioned Officer Evaluation Reports (NCOER), two Meritorious Service Medals (MSM), and a Certificate of Achievement, in support of his request.
CONSIDERATION OF EVIDENCE:
1. The applicants military personnel records show he entered active duty on 11 August 1987 and trained in Military Occupational Specialty 13B10 (Cannoneer). He served in Korea, then Fort Ord, California and Fort Bragg, North Carolina. He is currently serving at Fort Bragg as a Platoon Sergeant in C Battery, 1st Battalion (Airborne), 321st Field Artillery.
2. On 3 March 1993, the applicant accepted NJP under Article 15, Uniform Code of Military Justice for striking another Soldier on the head with a beer bottle. His punishment was restriction for a period of 14 days, extra duty for a period of 14 days (both suspended for a period of 180 days, to be automatically remitted if not vacated before 30 August 1993), and forfeiture of $300.00. The commander imposing the NJP directed that it be filed in the restricted fiche of the OMPF.
3. Since the NJP was imposed, the applicant was awarded two Meritorious Service Medals, three Army Commendation Medals, six Army Achievement Medals, four Good Conduct Medals, and has received numerous citations and commendations. He was promoted to pay grade E-6 on 1 April 1997, and to pay grade E-7 on 1 June 2002.
4. Army Regulation 27-10 (Military Justice) provides policy for the administration of military justice. Chapter 3 provides that NJP is appropriate in all cases involving minor offenses in which non-punitive 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 provides that the officer imposing NJP determines whether the report of NJP (DA Form 2627) is to be filed in the Soldiers restricted or performance fiche.
5. Army Regulation 600-8-104 (Military Personnel Information Management/Records) establishes the responsibilities, policies, and procedures for maintaining and controlling the OMPF. This regulation states, in pertinent part, that the restricted fiche is the OMPF section for historical data that may normally be improper for viewing by selection boards or career managers. The restricted fiche ensures that an unbroken, historical record of a member's service, conduct, duty performance, evaluation periods, and corrections to other parts of the OMPF is maintained. It is intended to protect the interests of the member and the Army.
DISCUSSION AND CONCLUSIONS:
1. The NJP was imposed in compliance with applicable laws, regulations and policies. The punishment imposed was neither unjust nor disproportionate to the offense, and there is no evidence of any substantive violation of any of the applicant's rights.
2. The record of NJP is filed in accordance with the applicable Army regulation. It is noted that the applicants commander ordered the record of NJP filed in the restricted fiche of the applicants OMPF, when he could have ordered it filed in the performance fiche of the applicants OMPF.
3. While it is unfortunate the applicant was not selected for promotion to pay grade E-8, the Board does not correct a record without evidence of an error or injustice. However, the applicants record of two promotions since imposition of the NJP would indicate that the NJP has not hindered his career. As mentioned above, promotion boards are not normally furnished the restricted fiche of Soldiers OMPFs.
4. In view of the foregoing, there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__sk____ ___jtm___ ___rld___ 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.
_________Stanley Kelley_________
CHAIRPERSON
INDEX
CASE ID
AR2005001497
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
20051115
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
DENY
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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