RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 JULY 2006
      DOCKET NUMBER:  AR20060000911


      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             |
|     |Ms. Rene’ R. Parker               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. Edward Montgomery             |     |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 1986 record of proceedings
under Article 15 of the Uniform Code of Military Justice be removed from
her military personnel file.

2.  The applicant states that the incident occurred in 1986.

3.  The applicant does not provide any evidence in support of her
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's record shows she enlisted in the Regular Army on
2 December 1982.  She served continuously until her honorable discharge on
   1 April 1994.  The applicant is currently a Staff Sergeant with the
Active Guard Reserve.

2.  On 12 August 1986, nonjudicial punishment (NJP) was imposed against the
applicant for making a false official statement, conspiracy, and submitting
a false urine sample.  Her punishment included oral reprimand and 14 days
of extra duty.

3.  Records show the applicant was afforded the opportunity to consult with
counsel but initialed "I do not demand trial by court-martial."  She also
initialed the block indicating that matters in her defense would be
presented in person. The commander signed the Article 15 verifying that "I
have considered all matters presented in defense and/or extenuation and
mitigation."  He directed the Article 15 to be filed in the restricted
fiche of the applicant’s Official Military Personnel File.  She signed the
Article 15 confirming that she did not wish to appeal.

4.  Army Regulation 27-10 (Military Justice) establishes the policies and
procedures for administration of military justice.  Paragraph 3-2 states
that the use of nonjudicial punishment is proper in all cases involving
minor offenses in which nonpunitive measures are considered inadequate or
inappropriate.  Nonjudicial punishment may be imposed to preserve a
Soldier's record of service from unnecessary stigma by record of court-
martial conviction.  The imposing commander will ensure that the Soldier is
notified of the commander's intention to dispose of the matter under the
provisions of Article 15, UCMJ.  The Soldier will be advised that he has a
right to demand trial.  The demand for trial may be made at any time prior
to imposition of punishment.  The Soldier will be informed of his right to
fully present his case in the presence of the imposing commander, to call
witnesses, present evidence, be accompanied by a spokesperson, request an
open hearing, and/or examine available evidence.  Punishment will not be
imposed unless the commander is convinced beyond a reasonable doubt that
the Soldier committed the offense(s).

5.  Army Regulation 600-37, Unfavorable Information, establishes policies
and procedures whereby a person may seek removal of unfavorable information
from official personnel files.  The regulation also ensures that
unfavorable information that is unsubstantiated, irrelevant, untimely, or
incomplete is not filed in the individual’s Official Military Personnel
Files (OMPF).  The regulation states that once an official document has
been properly filed in the OMPF, it is presumed to be administratively
correct and to have been filed pursuant to an objective decision by
competent authority.  Thereafter, the burden of proof rests with the
individual concerned to provide evidence of a clear and convincing nature
that the document is untrue or unjust, in whole or in part, thereby
warranting its alteration or removal from the OMPF.

DISCUSSION AND CONCLUSIONS:

1.  The record shows that prior to accepting the Article 15 the applicant
was afforded the opportunity to consult with counsel and the right to
demand trial by court-martial.  The record also shows that the applicant
elected to present matters in defense and or extenuation in person.
Therefore, she had an opportunity to present matters in defense,
extenuation and/or mitigation.  The commander signed the Article 15
indicating that he had considered all matters presented prior to making his
final decision.  The applicant did not appeal the Article 15.

2.  The Article 15 proceedings were conducted in accordance with law and
regulation and the punishment imposed was not unjust or disproportionate to
the offenses committed.  Further, there is no evidence, and the applicant
did not provide any, to prove that the Article 15 was issued in error.  Her
only justification for removal is “the incident happened in 1986.”

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 that requirement.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JM    __  ___JR __  __EM ___  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.





                                  ______ John Meixell_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000911                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060727                                |
|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.       |100.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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