Search Decisions

Decision Text

ARMY | BCMR | CY2008 | 20080012084
Original file (20080012084.txt) Auto-classification: Denied

		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 applicant’s OMPF.

3.  The applicant’s 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 applicant’s 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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20080012084



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080005330

    Original file (20080005330.txt) Auto-classification: Approved

    Counsel requests that a General Officer Memorandum of Reprimand (GOMOR), dated 26 June 2002, and a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ [Uniform Code of Military Justice]), dated 26 June 2002, issued to the applicant by Major General (MG) Paul D. E____, Commander, U.S. Army Infantry Center, Fort Benning, Georgia, and filed in the performance portion of the applicant’s OMPF, be transferred to the restricted portion of his OMPF. e. Exhibits 59 - 64 document the...

  • ARMY | BCMR | CY2009 | 20090004783

    Original file (20090004783.txt) Auto-classification: Denied

    He further requests removal of any record of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) that was illegally submitted and administered and the removal of an Officer Evaluation Report (OER), dated 31 January 2000, from his official military personnel file (OMPF). 06-2051 against the State of New Jersey Department of Military and Veterans Affairs, National Guard of the United States: a. a sworn statement, dated 30 August 1999; b. a general...

  • ARMY | BCMR | CY2014 | 20140020458

    Original file (20140020458.txt) Auto-classification: Denied

    The applicant requests: * removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 15 April 2005, from the restricted folder of his official military personnel file (OMPF) * reconsideration of his application for a U.S. Army Reserve (USAR) appointment by the Officer Accessions Branch, U.S. Army Human Resources Command (HRC) 2. He states after review of the applicant's file, he requests the Board remove the Article 15 from his file...

  • ARMY | BCMR | CY2008 | 20080006450

    Original file (20080006450.txt) Auto-classification: Denied

    The applicant requests that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) imposed on 4 June 1996, and a General Officer Memorandum of Reprimand (GOMOR), dated 14 June 1996, be removed from the restricted section of his Official Military Personnel File (OMPF). The DA Form 2627 imposed on 4 June 1996 and the 14 June 1996 GOMOR were properly filed in the performance section of the applicant’s OMPF and then subsequently transferred to the restricted section of his OMPF as...

  • ARMY | BCMR | CY2012 | 20120016831

    Original file (20120016831.txt) Auto-classification: Denied

    The applicant requests the removal of a relief for cause officer evaluation report (OER) and a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) from his Official Military Personnel File (OMPF), currently referred to as the Army Military Human Resource Record (AMHRR). There is no evidence in the available records to show that the applicant appealed the contested OER to the Officer Special Review Board within that board’s statute of limitations. ...

  • ARMY | BCMR | CY2008 | 20080012000

    Original file (20080012000.txt) Auto-classification: Denied

    The applicant requests that a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) imposed on 4 January 1988 be removed from the restricted section of his Official Military Personnel File (OMPF). The applicant provides a copy of the DA Form 2627. Table 3-1 (Composition of the Military Personnel Records Jacket (MPRJ)) of Army Regulation 640-10 (Individual Military Personnel Records), in effect at the time, provided, in pertinent part, that for Article 15s issued on or after 10 August...

  • ARMY | BCMR | CY2008 | 20080017898

    Original file (20080017898.txt) Auto-classification: Denied

    The applicant requests, in effect, removal of the Article 15 and Department of the Army Suitability Evaluation Board (DASEB), Record of Proceedings that are filed in his Official Military Personnel File (OMPF). The document is absent any reference to a written reprimand; and c. Item 5 of this document shows the commander directed that the DA Form 2627 be filed in the performance section of the applicant's OMPF. The enclosed DASEB Record of Proceedings, in pertinent part, directed removal...

  • ARMY | BCMR | CY2009 | 20090020818

    Original file (20090020818.txt) Auto-classification: Approved

    The applicant requests removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 18 April 2008, an Officer Evaluation Report (OER), for the period 18 August 2007 through 5 May 2008, from his official military personnel file (OMPF). It states application for removal of a DA Form 2627 from a Soldier's OMPF based on an error or injustice will be made to the Army Board for Correction of Military Records (ABCMR). Neither the applicant...

  • ARMY | BCMR | CY2011 | 20110006492

    Original file (20110006492.txt) Auto-classification: Approved

    A review of her OMPF reveals the DA Form 2627 is filed in the performance section of her OMPF. On 22 March 2007, the Army Board for Correction of Military Records denied her request to transfer the Article 15 to the restricted section of her OMPF. The decision to file the original DA Form 2627 in the performance section or restricted section of the OMPF will be made by the imposing commander at the time punishment is imposed.

  • ARMY | BCMR | CY2011 | 20110016303

    Original file (20110016303.txt) Auto-classification: Denied

    b. Paragraph 3-43 (Transfer or removal of records of NJP) states that enlisted Soldiers and commissioned officers may request the transfer of a record of NJP from the performance section of their OMPF to the restricted section under the provisions of this regulation. The evidence of record shows the NJP was properly administered and that the commander who imposed the NJP against the applicant directed the DA Form 2627 be filed in the performance section of the applicant's OMPF. The...