RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 19 June 2007
DOCKET NUMBER: AR20070007424
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.
Ms. Catherine C. Mitrano
Director
Mrs. Victoria A. Donaldson
Analyst
The following members, a quorum, were present:
Ms. Barbara J. Ellis
Chairperson
Mr. Frank C. Jones, II
Member
Mr. Qawly A. Sabree
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 removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 2 October 2006 be removed from the restricted portion of his Official Military Personnel File (OMPF).
2. The applicant states that in accordance with paragraph 3-37b(1) of Army Regulation 27-10 (Military Justice), the DA Form 2627 should not have been filed in his OMPF because he was in the pay grade E-4 at the time of the punishment.
3. The applicant provides a copy of the DA Form 2627, his Enlisted Record Brief, and an excerpt from Army Regulation 27-10 in support of this application.
CONSIDERATION OF EVIDENCE:
1. Records show the applicant is currently serving in the Regular Army on active duty as a specialist/pay grade E-4.
2. On 2 October 2006, the applicant was punished under the provisions of Article 15 of the UCMJ for on or about 27 September 2006, for wrongful overindulgence in intoxicating liquor which resulted in incapacitation for proper performance of duties. The resultant punishment was reduction to specialist/pay grade E-4, forfeiture of $921.00 (Suspended, to be automatically remitted if not vacated before 2 April 2007), restriction for 45 days, extra duty for 45 days, and an oral reprimand.
3. The DA Form 2627 issued to the applicant shows that the applicant was serving in the rank of sergeant/pay grade E-5 at the time of his punishment.
4. Paragraph 3-37b(1) of Army Regulation 27-10 provides that the DA Form 2627 will be filed locally in unit nonjudical punishment or unit personnel files for those Soldiers serving in the rank of specialist/corporal and below. Such locally filed originals will be destroyed at the end of two years from the date of imposition of the punishment or the Soldier's transfer, whatever occurs first.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that the DA Form 2627, dated 2 October 2006 , should be removed from his OMPF because he was serving in the rank of specialist/pay grade E-4 at the time of punishment and that pertinent regulations state that the DA Form 2627 should be removed.
2. The evidence of record clearly shows that the applicant was serving in the rank of sergeant/pay grade E-5 at the time the punishment was imposed. The applicant was reduced to specialist/pay grade E-4 as a result of the punishment.
3. The applicant has not provided sufficient evidence showing that he was serving in the rank of specialist/pay grade E-4 at the time the punishment was imposed.
4. Absent evidence to show that the DA Form 2627 was flawed, erroneously prepared and/or not filed in accordance with applicable regulation, there is no basis to grant the relief requested.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
_BJE____ _QS____ __FCJ___ 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.
__Barbara J. Ellis___
CHAIRPERSON
INDEX
CASE ID
AR
SUFFIX
RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
2.
3.
4.
5.
6.
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