RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 13 May 2008
DOCKET NUMBER: AR20070014950
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.
Director
Analyst
The following members, a quorum, were present:
Chairperson
Member
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 from his Official Military Personnel File (OMPF) his nonjudicial punishment (NJP) under the provisions of Article 15, Uniform Code of Military Justice.
2. The applicant states that the commander clearly indicated that the NJP was to be filed locally.
3. The applicant provides a copy of the NJP.
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was a sergeant first class, pay grade E-7, serving on active duty as an Active Guard/Reserve (AGR).
2. On 27 June 1994, the applicant, as a sergeant, pay grade E-5, accepted NJP for wrongfully and falsely altering his identification card. The punishment included reduction to specialist, pay grade E-4, a forfeiture of $644.00 pay per month for 2 months (suspended); and 45 days extra duty
(15 days suspended). The imposing commander lined through Item 5, indicating that he did not intend for the NJP to be filed in either the Performance Section or the Restricted Section of the applicant's OMPF. The applicant's appeal of the punishment was denied.
3. In a memorandum dated 12 December 2007, the Department of the Army Suitability Evaluation Board (DASEB) considered the applicant's request to transfer the subject NJP from the Performance Section to the Restricted Section of his OMPF. It determined that the NJP had served its intended purpose and approved the requested transfer. The DASEB further stated that there was clear and convincing evidence to support the applicant's contention that the imposing commander intended to file the NJP locally. The DASEB informed the applicant that authority to remove the NJP from his OMPF rested with the Army Board for Correction of Military Records (ABCMR).
4. Army Regulation 600-8-104 (Military Personnel Information Management/Records) provides, in pertinent part, that once a document is placed in the official military personnel file, it becomes a permanent part of that file. The document will not be removed from the file or moved to another part of the file unless directed by The Army Board for Correction of Military Records.
DISCUSSION AND CONCLUSIONS:
1. The evidence of record clearly shows that the applicant accepted NJP and that it has served its intended purpose. Furthermore, the evidence substantiates the applicant's contention that the imposing commander did not intend to file the NJP in the applicant's OMPF.
2. In view of the above, the NJP should be removed from his OMPF.
BOARD VOTE:
____X___ ___X ___ ___X ___ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the nonjudical punishment, to include the DASEB Memorandum with enclosures dated 12 December 2007.
__________X____________
CHAIRPERSON
ABCMR Record of Proceedings (cont) AR20070014950
2
DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET, 2ND FLOOR
ARLINGTON, VA 22202-4508
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