IN THE CASE OF:
BOARD DATE: 11 September 2008
DOCKET NUMBER: AR20080012084
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 requests that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) imposed on 22 January 2002 be removed from the restricted section of his Official Military Personnel File (OMPF).
2. The applicant states that he is a year group (YG 93) officer who will be competing before the lieutenant colonel promotion board and command selection board in fiscal year 2009. He contends that since this mistake he has remained positive and has worked hard to make up for it. He would like to be considered without any discriminators when these boards take place. Since the time of his infraction he has career progressed within his branch and has recently been selected to take a second command. He loves being a career Soldier and would like the opportunity to progress through the ranks. He does not have any additional supporting documentation other than his official files.
3. The applicant provides his current Officer Record Brief and Officer Evaluation Reports (OERs) dating back to the time of his infraction.
CONSIDERATION OF EVIDENCE:
1. The applicant is currently serving on active duty in the rank of major.
2. A DA Form 2627, dated 22 January 2002, shows that nonjudicial punishment was imposed against the applicant for driving under the influence of alcohol on 15 October 2001. His punishment consisted of a forfeiture of $2035 pay per month for 2 months. The issuing commander directed that the original DA Form 2627 be filed in the restricted section of the applicants OMPF.
3. The applicants OMPF on the Interactive Personnel Electronic Records Management System was unavailable for review.
4. The applicant provides copies of his OERs from 29 June 2001 through
6 December 2007. These OERs show the applicant was rated above center of mass during the period covered 16 June 2007 through 6 December 2007, 2 July 2005 through 1 July 2006, 3 January 2003 through 1 June 2003, and 19 June 2002 through 3 January 2003. He was rated center of mass on the remaining OERs.
5. Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records. Table 2-1 of the regulation provides, in pertinent part, that a DA Form 2627 will be filed in the performance or restricted section of the OMPF as directed by the issuing commander (item 5 on DA Form 2627). Allied documents accompanying the Article 15 will be filed in the restricted section.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence that the DA Form 2627 was improperly imposed. Apparently the DA Form 2627 imposed on 22 January 2002 was properly filed in the restricted section of the applicants OMPF in accordance with the governing regulation.
2. Driving under the influence of alcohol is an extremely serious offense. Selection boards must be able to fairly compare the applicant to other officers. Given the above and the fact the Article 15 was properly filed on his OMPF, it would not be equitable to remove the Article 15 from the restricted section of the applicant's OMPF.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___xx___ ___xx___ ___xx___ 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.
_______ _ xxxx_____ ___
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) AR20080012084
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