IN THE CASE OF:	

		BOARD DATE:	     23 December 2008

		DOCKET NUMBER:  AR20080017993 


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 6 June 2005 and all related documents; and a Resolution of Unfavorable Information memorandum, dated 27 February 2008, be removed from the performance section of his Official Military Personnel File (OMPF) and transferred to the restricted section of his OMPF.

2.  The applicant states that the UCMJ punishment has been served.  He contends that a Show Cause proceeding was dismissed based on the specific recommendation from the Division Commander who administered the UCMJ, his duty performance since the incident, and recommendations from past and current chain of command.  He contends that movement of these documents will allow his continued service in the Army.

3.  The applicant provides a copy of the DA Form 2627; a petition to the Department of the Army Suitability Evaluation Board (DASEB); the Resolution of Unfavorable Information memorandum, dated 27 February 2008; a letter to the Lieutenant Colonel Promotion Board; initiation and elimination memorandums; a DA Form 268 (Repot to Suspend Favorable Personnel Actions (Flag), initiation of flag; his elimination rebuttal packet; a termination of elimination memorandum; and a DA Form 268, removal of flag.




CONSIDERATION OF EVIDENCE:

1.  The applicant is currently serving on active duty in the rank of major.

2.  A DA Form 2627, dated 6 June 2005, shows that nonjudicial punishment was imposed against the applicant for failing to obey two lawful general orders (by having a female visitor in his living area in Iraq and having an intimate sexual relationship with a private first class) and adultery.  His punishment consisted of a memorandum of reprimand and a forfeiture of $700 pay per month for
2 months.  The issuing commander directed that the original DA Form 2627 be filed in the performance section of the applicant’s OMPF.

3.  On 10 June 2005, the applicant received a General Officer Memorandum of Reprimand for violation of multiple lawful orders and adultery, for engaging in a sexual relationship with a 19-year old female enlisted Soldier while he was married, and having her visit his living quarters.

4.  On 30 January 2008, the applicant submitted an appeal to the DASEB requesting the transfer of the DA Form 2627 to the restricted section of his OMPF.  In summary, he stated that he committed a serious mistake and a gross lapse in judgment for which he learned a great lesson.  He stated that he understood the seriousness of his mistake and acknowledged the devastating impact his inappropriate actions could have on the Army, that he is regretful for allowing himself and his weaknesses to effect the life of such a young Soldier, and that his unbecoming conduct dishonored his good name, tarnished the prestige of his unit, potentially embarrassed his country, and threatened his marriage.  He indicated that he accepted full responsibility for his actions and unabashedly accepted the consequences that resulted from them.  He stated that in the subsequent years since his indiscretion, with the support of the military, he and his family have worked through numerous issues and they have become stronger as a family.  He indicated that he hopes his remorse, rehabilitation, and dedication to mend his wrongs can serve as an example for junior Soldiers to learn how to overcome their mistakes.  He promised that he would never again fail in his leadership responsibilities, shame his family, or discredit the Army.  The applicant provided two endorsements from his chain of command.

5.  On 27 February 2008, the DASEB voted to deny the applicant’s request to transfer the DA Form 2627 in question from the performance section to the restricted section of his OMPF.


6.  A review of the performance section of the applicant’s OMPF on the Interactive Personnel Electronic Records Management System (iPERMS) revealed a copy of the DA Form 2627 and the 27 February 2008 Resolution of Unfavorable Information memorandum in question.

7.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records), currently in effect, 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.    

8.  Table 2-1 of Army Regulation 600-8-104 also states, in pertinent part, that the finding of unfavorable information (finalized summary of derogatory information determined by the DASEB, along with the official letter directing this filing, plus any letter of final rebuttal or acknowledgement that the subject does not request withheld from filing) will be filed in the performance section of the OMPF.  

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the DA Form 2627 imposed on 6 June 2005 was improperly imposed.  The DA Form 2627 was properly filed in the performance section of the applicant’s OMPF in accordance with the governing regulation.  The applicant's contentions were noted.  However, when the time comes for him to again be considered for promotion, it would only be equitable for the DA Form 2627 to remain on the performance section of his OMPF so his duty performance may be fairly compared to his peers.  Therefore, there is no basis for granting the applicant’s request that the DA Form 2627 be transferred from the performance section to the restricted section of his OMPF. 

2.  The 27 February 2008 Resolution of Unfavorable Information memorandum is properly filed in the applicant's military records in accordance with the governing regulation.  There is no evidence that it was improperly imposed.  Therefore, there is no basis for granting the applicant’s request that the memorandum be transferred to the restricted section of his OMPF. 






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.


      _________xxx_____________
               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)                                         AR20080017993



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ABCMR Record of Proceedings (cont)                                         AR20080017993



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