RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050011739


      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. John J. Wendland, Jr.         |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, removal of a DA Form 2627 (Record of
Proceedings Under Article 15, UCMJ), from his military service record.

2.  The applicant states, in effect, that having the document filed in his
Official Military Personnel File (OMPF) will preclude his further
advancement in the military.  He also states that he has successfully
performed to standard in every leadership position he has held.

3.  The applicant provides copies of four DA Form 2166-8 (Noncommissioned
Officer (NCO) Evaluation Reports) he has received since March 2001 and two
certificates documenting his successful completion of the Jumpmaster Course
and Unit Movement Officer Deployment Planning Course.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 April 2001, the date of imposition of nonjudicial punishment
directing that the DA Form 2627 be filed in the performance fiche of his
OMPF.  The application submitted in this case is dated 5 May 2005.

2.  The applicant's military service record shows that he enlisted in the
Regular Army on 19 June 1985.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 13B (Field Artillery Crewman).  The applicant
has completed three overseas tours during his military service and is
currently serving on active duty in the rank of staff sergeant/pay grade E-
6.  The applicant’s record documents no acts of valor, significant
achievement, or service warranting special recognition.

3.  The applicant's military service record shows that he was assigned as a
Small Group Leader for the Primary Leadership Development Course at the
XVIII Airborne Corps Noncommissioned Officer Academy, Fort Bragg, North
Carolina, from 1 November 1999 to 31 March 2001.

4.  The applicant's record contains a DA Form 2627 which shows that on
19 April 2001, the colonel in command of the Dragon Brigade (Fort Bragg,
North Carolina) notified the applicant of his intent to impose nonjudicial
punishment upon him for dereliction in the performance of duties in that,
on or about
19 March 2001, he willfully failed to maintain a professional demeanor by
wrongfully making a proposition to a Soldier.

5.  On 30 April 2001, the applicant affixed his signature in Item 3 of the
DA Form 2627, indicating he had been afforded the opportunity to consult
with counsel, he did not demand trial by court-martial, and that he
requested a closed hearing to present matters in his defense, mitigation,
and/or extenuation.

6.  On 30 April 2001, after considering all matters presented in the closed
hearing, the colonel in command of the Dragon Brigade affixed his signature
to the DA Form 2627 and imposed punishment directing, "Reduction to
Sergeant (E-5), suspended, to be automatically remitted if not vacated
before
30 October 2001; Written Reprimand".  He also directed in Item 5 of the
document that the original DA Form 2627 be filed in the performance fiche
of the applicant's OMPF.  On 30 April 2001, the applicant also initialed
and signed
Item 7 of the document, indicating he did not appeal.  Item 11 (Allied
Documents and/or Comments) of this document is absent an entry.  This
document is filed in the performance section of the applicant's OMPF.

7.  The applicant's record contains Headquarters, Dragon Brigade, XVIII
Corps and Fort Bragg, Memorandum of Reprimand, dated 3 May 2001, signed by
the colonel in command of the Dragon Brigade, which states, "This
memorandum will be attached to the Record of Proceedings Under Article 15,
UCMJ related to this incident, and as such will become a part of your
Official Military Personnel File".  This document is filed in the
performance section of the applicant's OMPF.

8.  The applicant provides copies of four NCO Evaluation Reports and two
certificates of training in support of his application.  These documents
attest to the successful duty performance and potential the applicant has
demonstrated since imposition of the nonjudicial punishment.

9.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records), Table 2-1 (Composition of the OMPF) provides, in pertinent part,
that Articles 15 issued on or after 1 November 1982 will be filed on the
performance or restricted fiche as directed by Item 5 of the DA Form 2627.
This document also shows that allied documents accompanying Articles 15
will be filed on the restricted fiche of the OMPF.

10.  Section II (Terms) of the Glossary of Army Regulation 600-8-104
defines "allied documents" as "attachments to a document that have no
meaning if viewed alone but are a necessary part of the primary document".



11.  Army Regulation 600-37 (Unfavorable Information) sets forth policies
and procedures to authorize placement of unfavorable information about Army
members in individual official personnel files.  It provides that
unfavorable information will not be filed in an official personnel file
unless the recipient has been given the chance to review the documentation
that serves as the basis for the proposed filing and make a written
statement, or to decline in writing, to make such a statement.  Paragraph 3-
3 of this Army regulation provides for filing of information in the
performance portion of the OMPF without referral to the recipient and
provides, in pertinent part, for the filing of records of courts-martial,
court-martial orders, and records of nonjudicial punishment under the UCMJ,
Article 15 and refers the reader to Army Regulation 27-10 and Army
Regulation 600-8-104.  Paragraph 3-4e of this Army regulation governs
reprimands and admonitions imposed as nonjudicial punishment (UCMJ, Article
15).  It provides, in pertinent part, that these are governed by Army
Regulation 27-10 (Military Justice), chapter 3.

12.  Army Regulation 27-10, chapter 3 (Nonjudicial Punishment), Section IV
(Punishment), paragraph 3-19b(9)(d) governs admonitions and reprimands
issued under UCMJ, Article 15.  It provides, in pertinent part, that
written admonitions and reprimands imposed as a punitive measure under
UCMJ, Article 15, will be in memorandum format, per Army Regulation 25-50
(Preparing and Managing Correspondence), and will be listed as an
attachment in item 11,
DA Form 2627.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the DA Form 2627 he received
should be removed from his OMPF because it precludes him from further
advancement in the military.  The applicant provides four NCO Evaluation
Reports which document his assignment and duty performance in positions of
increasing responsibility since imposition of the nonjudicial punishment.
Therefore, the applicant provides insufficient evidence to support his
contention that the DA Form 2627 that is filed in his OMPF precludes him
from further advancement in the military.

2.  The DA Form 2627 is determined to be a valid document that was issued
to the applicant, authenticated by the proper authority and the applicant,
and properly filed in the performance section of the applicant's OMPF in
accordance with the applicable Army regulatory guidance.  Therefore, this
document should remain filed in the performance section of the applicant's
OMPF.

3.  The evidence of record shows that the written reprimand that is filed
in the performance section of the applicant's OMPF was issued as part of
the Article 15 punishment.  More specifically, paragraph 3 of the
memorandum of reprimand indicates that, "This memorandum will be attached
to the Record of Proceedings Under Article 15, UCMJ related to this
incident, and as such will become a part of your Official Military
Personnel File".  Although the written reprimand is not listed in Item 11
of the DA Form 2627, this is deemed to be harmless error, as the purpose of
listing the reprimand in Item 11 is to notify administrative personnel,
promotion and selection board members, and other officials who are
authorized access to the Soldier's record that other documents accompany
the DA Form 2627.  Therefore, this document is determined to be a valid
document that was issued as part of the punishment imposed by the
commander, is properly filed, and should also remain filed in the
performance section of the applicant's OMPF.

4.  The Board notes the applicant’s successful duty performance since the
incident; however, it finds this is not sufficiently mitigating evidence to
warrant removal of the properly filed DA Form 2627 and written reprimand
from the performance section of the applicant's OMPF.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MKP__  __LDS __  __MJF __  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 removal of the DA Form 2627 and written reprimand from the performance
section of the individual's Official Military Personnel File.




                                  ______M. K. Patterson_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050011739                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |126.0500.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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