IN THE CASE OF:
BOARD DATE: 31 March 2009
DOCKET NUMBER: AR20080017409
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 [Uniform Code of Military Justice]) imposed on 27 July 2006 be removed from his record.
2. The applicant states that he needs the Article 15 removed from his records because it shows up on background checks for employment and other things. He states that it will prevent him from getting a career in law enforcement, that it happened 2 years ago, and that all charges were dropped.
3. The applicant provides no documentary evidence in support of his application.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 23 September 2003 and he trained as a cannon crewmember.
2. A DA Form 2627, dated 27 July 2006, shows that nonjudicial punishment was imposed against the applicant (a specialist (SPC)/E-4 at the time) for using cocaine. His punishment consisted of a reduction to private (PV1)/E-1, a forfeiture of pay, and extra duty and restriction. The entry, "5. I direct the original DA Form 2627 be filed in the performance fiche [or] restricted fiche of the OMPF" on the DA Form 2627 was lined out with "NA" [not applicable] typed adjacent.
3. On 28 June 2007, the applicant was honorably discharged under the provisions of Army Regulation 635-200 (Active Duty Enlisted Administrative Separations), paragraph 5-13, by reason of personality disorder.
4. A review of the applicants service section of his official military personnel file (OMPF) and his military personnel records jacket (MPRJ) on the integrated Personnel Electronic Records Management System revealed a copy of the DA Form 2627 in question contained in the case files for approved separations.
5. Paragraph 1-14a of Army Regulation 635-200 states that when separation is ordered, the approved proceedings will be sent to the commander who has the Soldier's records for separation processing. The original copy of the proceedings will be filed in the permanent section of the Soldier's MPRJ or local file, as appropriate, per Army Regulation 600-8-104 (Military Personnel Information Management/Records).
6. Table 2 of Army Regulation 600-8-104 states, in pertinent part, that case files for approved separations include elimination board proceedings, administrative discharge actions, resignations instead of board action, or separations for the good of the service. The regulation also states that all allied documents will be filed in the service section of the OMPF.
7. Department of Defense Instruction (DODI) 5505.7, Titling and Indexing of Subjects of Criminal Investigations in the Department of Defense, states that titling ensures investigators can retrieve information in an ROI of suspected criminal activity at some future time for law enforcement and security purposes. Titling or indexing alone does not denote any degree of guilt or innocence.
8. Army Regulation 195-2 prescribes Department of the Army policy on criminal investigation activities and constitutes the basic authority for the conduct of investigations and the collection, retention and dissemination of criminal information. In pertinent part, it states that the disclosure of criminal information originated or maintained by CID may be made to any Federal, State, local, or foreign law enforcement agency that has an investigative or law enforcement interest in the matter disclosed, provided the disclosure is not in contravention of any law, regulation, or directive as applied to law enforcement activities. Disclosures under this paragraph to a non-Department of Defense law enforcement element is a routine use under the Privacy Act.
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions were noted. However, the DA Form 2627 is properly filed in the applicant's OMPF in accordance with the governing regulation. There is no evidence that it was improperly imposed. Therefore, there is no basis for granting the applicants request.
2. The applicant might actually be concerned with the Article 15 and/or the record of his misconduct being filed in records at the Crime Records Center. If that is the case, it appears that the record of his misconduct is also properly filed in the records at the Crime Records Center.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ __X____ ____X___ 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.
_____________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.
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