RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 25 October 2005
DOCKET NUMBER: AR20050009382
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. Michael J. Fowler | |Analyst |
The following members, a quorum, were present:
| |Mr. James E. Anderholm | |Chairperson |
| |Mr. Jose A. Martinez | |Member |
| |Ms. Laverne M. Douglas | |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 item 5 on his DA Form 2627
(Record of Proceedings Under Article 15, UCMJ), dated 21 August 2000, be
corrected to show the imposing commander directed that the original DA Form
2627 be filed locally in the unit.
2. The applicant states the imposing commander's intent was to place the
DA Form 2627 in the local unit record; however, the commander inadvertently
placed the "X" in the wrong box.
3. The applicant provides a statement from the imposing commander.
CONSIDERATION OF EVIDENCE:
1. At the time the applicant received his nonjudicial punishment he was
serving as a Sergeant (SGT), E-5 assigned to the 31st Maintenance Company,
Fort Irwin, California.
2. Item 5 on the applicant's DA Form 2627, dated 21 August 2000, shows
that the imposing commander marked an "X" in the performance fiche block
(i.e., to file the DA Form 2627 in the performance fiche of his Official
Military Personnel File (OMPF)).
3. In support of his claim, the applicant provided a statement from the
imposing commander. She requested that item 5 on the applicant's DA Form
2627 be corrected to show an "X" file in local record. She stated she
inadvertently checked the "performance fiche" box instead of filing it in
the local unit files. She further stated she never intended to file this
UCMJ in the applicant's OMPF.
4. Army Regulation 27-10 prescribes policies and procedures pertaining to
the administration of military justice. The version dated 20 August 1999
stated in paragraph 3-37b(1) that, for Soldiers Specialist (SPC), E-4 or
Corporal (CPL) E-4 and below (prior to punishment), the original DA Form
2627 will be filed locally in unit nonjudicial punishment or unit personnel
files. Such locally filed originals will be destroyed at the end of 2
years from the date of imposition of punishment or on the Soldier’s
transfer to another general court-martial convening authority, whichever
occurs first. Paragraph 3-37(1a) stated that, for all other Soldiers, the
original will be sent to the appropriate custodian for filing in the OMPF.
The decision to file the original DA Form 2627 on the performance fiche or
the restricted fiche in the OMPF will be determined by the imposing
commander at the time punishment is imposed.
DISCUSSION AND CONCLUSIONS:
1. Evidence of record shows at the time the non-judicial punishment was
imposed against the applicant he held rank of SGT. Army Regulation 27-10
stated that for Soldiers in rank of SGT and above the original DA Form 2627
will be placed in the OMPF. The decision to file the original DA Form 2627
on the performance fiche or the restricted fiche in the OMPF will be
determined by the imposing commander at the time punishment is imposed.
2. The statement from the imposing commander is insufficient as a basis
for amending item 5 on the applicant's DA Form 2627, dated 21 August 2000,
to show that the original DA Form 2627 be filed in the local unit record.
Army Regulation 27-10 does not allow the original DA Form 2627 on Soldiers
SGT and above to be filed in local unit records. It appears the
applicant’s Article 15 was properly filed on his performance fiche.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__JEA___ __JAM__ __ LMD _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that 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.
__ James E. Anderholm _
CHAIRPERSON
INDEX
|CASE ID |AR20050009382 |
|SUFFIX | |
|RECON | |
|DATE BOARDED |25 October 2005 |
|TYPE OF DISCHARGE | |
|DATE OF DISCHARGE | |
|DISCHARGE AUTHORITY | |
|DISCHARGE REASON | |
|BOARD DECISION |DENY |
|REVIEW AUTHORITY | |
|ISSUES 1. |Mr. Chun |
|2. |126.0500.0000 |
|3. | |
|4. | |
|5. | |
|6. | |
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