RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20050013387


      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:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |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, transfer of a DA Form 2627 (Record
of Proceedings Under Article 15, UCMJ), from the performance to the
restricted section of his Official Military Personnel File (OMPF).

2.  The applicant states, in effect, that the nonjudicial punishment has
served its purpose and moving the document to the restricted section of his
OMPF is in the best interest of the Army.

3.  The applicant provides a self-authored statement; two memorandums of
recommendation for the President FY05 Lieutenant Colonel Medical Corps
Promotion Selection Board, one from himself and one from The Surgeon
General; a memorandum for the President FY04 Lieutenant Colonel Medical
Corps Promotion Selection Board from the Commander, North Atlantic Regional
Medical Command (NARMC), Washington, DC; and two memorandums for the
Commander, U.S. Army Human Resources Command (USA HRC), Alexandria,
Virginia, from the Commander and the Chief of Staff, NARMC; a memorandum
from the Commander, USA HRC notifying the applicant of the termination of
elimination action; and a memorandum with contact information, in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 September 2000, the date of imposition of punishment
directing that the
DA Form 2627 be filed in the performance fiche of his OMPF.  The
application submitted in this case is dated 12 September 2005.

2.  The applicant's military service record shows that he was appointed as
a commissioned officer in the United States Army Reserve, effective 17 June
1988, and ordered to active duty to attend the School of Medicine's 4 Year
Medical Program at the Uniformed Services University of Health Sciences,
Bethesda, Maryland.  Upon completion of training, the applicant was
detailed to the Medical Corps and awarded military occupational specialty
60J9B (OB/GYN).  The applicant is currently serving on active duty in the
rank of major/pay grade O-4 as the Chief, GYN Clinical Division, Walter
Reed Army Medical Center, Washington, DC.  The applicant’s record documents
no acts of valor, significant achievement, or service warranting special
recognition and there are no other disciplinary actions in his records.

3.  The applicant's military service record shows that he was assigned as
OB/GYN Staff Physician and Chief, OB Service at the U.S. Army Medical
Activity, Fort Hood, Texas, during the period 4 August 1997 to 29 March
2001.

4.  The applicant's record contains a DA Form 2627 which shows that on
31 August 2000, the brigadier general in command of III Corps and Fort
Hood, Fort Hood, Texas, notified the applicant of his intent to impose
nonjudicial punishment upon him for wrongfully distributing (on 10
occasions) percocet, a schedule 2 controlled substance; in violation of
Article 112a, UCMJ.

5.  On 8 September 2000, the applicant affixed his signature in Item 3 of
the
DA Form 2627, indicating he had been afforded the opportunity to consult
with counsel, that 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 18 September 2000, after considering all matters presented in the
closed hearing, the brigadier general in command of III Corps and Fort Hood
affixed his signature to the DA Form 2627 and imposed punishment which
consisted of arrest to quarters for 30 days, forfeiture of $2,305.00 per
month for 2 months, and a written admonition.  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. The applicant also signed in Item 7 of the
document, indicating he did not appeal. This document is filed in the
performance section of the applicant's OMPF.

7.  In the processing of the applicant's appeal for transfer of records
from the performance to the restricted portion of his OMPF, the Department
of the Army Suitability Evaluation Board (DASEB) provided a Decision
Summary, dated
10 June 2005.  In that document, the DASEB opines that the transfer of the
Article 15 from the applicant's performance fiche to the restricted fiche
is not warranted.

8.  The applicant provides a self-authored statement appealing for the
transfer of the record of nonjudicial punishment from the performance to
the restricted section of his OMPF and letters in support of his
application.  The applicant's statement attests to the impact the
nonjudicial punishment has had on him, his successful performance and
accomplishments since imposition of the nonjudicial punishment, and his
desire to achieve the rank of lieutenant colonel.  The letters provided
offer support for retaining the applicant on active duty, document the
notification of termination of elimination action against the applicant,
and include recommendations from his chain of command for his selection for
promotion to lieutenant colonel, along with their contact information.

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.

10.  Army Regulation 600-37 (Unfavorable Information) provides, in
pertinent part, that records of nonjudicial punishment imposed under the
provisions of Article 15, UCMJ, may be transferred upon proof that their
intended purpose has been served or that their transfer would be in the
best interest of the Army.  The burden of proof rests with the Solder
concerned to provided substantial evidence that these conditions have been
met.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the DA Form 2627 he received
should be transferred from the performance section to the restricted
section of his OMPF because the Article 15 has served its purpose and
transferring the document to the restricted section is in the best interest
of the Army.

2.  The applicant provides a self-authored statement and letters of
support, which document his successful performance and accomplishments
since imposition of the nonjudicial punishment.  In the applicant's
statement, he invites attention to the memorandum for the President of the
FY05 Lieutenant Colonel Medical Corps Promotion Selection Board, dated 5
January 2005, "for the details that lead to his Article 15".  In that
document, the applicant identifies an accident in 1999 that led him to
briefly self-treat himself with mild controlled pain relievers and of his
discomfort which clouded his judgment.  The applicant admits and regrets
this mistake and indicates that, after a brief investigation, the incident
was resolved.  The applicant stresses his impeccable service, both before
and after the incident, the length of time which has passed since the
incident, and the recommendation for promotion he recently received from
The Surgeon General.

3.  The applicant does not address the details that led to his Article 15;
specifically, the 10 offenses of wrongful distribution of a controlled
substance over the course of nearly 15 months.  Instead, the applicant
provides information which implies his only offense was that of his own
personal use of a controlled substance.  Therefore, the applicant provides
insufficient evidence to support his contention that the DA Form 2627 that
is filed in his OMPF has served its purpose and that it is in the best
interest of the Army to transfer the document.


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

5.  The Board notes the applicant’s successful demonstrated duty
performance since the incident; however, it finds this is not sufficiently
mitigating evidence to warrant transfer of the properly filed DA Form 2627
from the performance section to the restricted section of his OMPF.

6.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  More specifically in this
case, the applicant must provide sufficient evidence to support the
contention that the DA Form 2627 that is filed in his OMPF has served its
purpose and that it is in the best interest of the Army to transfer the
document.  The applicant has failed to submit evidence that would satisfy
this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__REB __  __LF ___  __LMD __  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.





                                  _____Ronald E. Blakely_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050013387                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050927                                |
|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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