IN THE CASE OF:
BOARD DATE: 11 June 2008
DOCKET NUMBER: AR20080002420
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant submitted additional documentation which was construed to be his request for reconsideration of his earlier request for correction of his military records to remove a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ), dated 2 October 2006, from his official Military Personnel File (OMPF).
2. The applicant makes no additional statement.
3. The applicant provides copies of his Jumps (Joint Uniform Military Pay System) Leave and Earnings Statements for the months from July through November 2006.
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20070007424 on 19 June 2007.
2. The subject nonjudicial punishment (NJP), dated 6 October 2006, shows the applicant's grade as E-5.
3. The applicant's pay records show that he was paid as an E-4 from 1 July through 30 November 2006. There is no available evidence of record, either in the applicants OMPF or pay records, showing that the applicant was ever previously promoted to the rank of sergeant, pay grade E-5.
DISCUSSION AND CONCLUSIONS:
1. The available evidence clearly shows that the applicant was serving in pay grade E-4 at the time of his NJP. Furthermore, there is no evidence showing that he was ever promoted to the rank of sergeant, pay grade E-5 prior to receipt of the NJP in question.
2. As noted in the Consideration of Evidence in the original case, the governing regulation, Army Regulation 27-10, provides that the record of NJP for Soldiers serving in pay grade E-4 and below (prior to punishment) will be filed only locally and only for a period of 2 years or until the individual is transferred to another General Court-Martial Convening Authority, whichever occurs first.
3. In view of the above, the applicant's request should be granted.
BOARD VOTE:
____X___ ___X___ ___X____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant amendment of the ABCMRs decision in Docket Number AR20070007424, dated 19 June 2007. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the DA Form 2627, dated 2 October 2006 and all associated documents from his OMPF.
2. Furthermore, the Board recommends that the subject documents and this Board action be returned to this Board for permanent filing.
__________X_____________
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20080002420
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ABCMR Record of Proceedings (cont) AR20080002420
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