IN THE CASE OF:
BOARD DATE: 24 November 2009
DOCKET NUMBER: AR20090011363
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, Uniform Code of Military Justice (UCMJ)) imposed on 14 April 1973 be removed from his official military personnel file (OMPF).
2. The applicant states that the punishment has served its purpose, that to this day he is not late and is usually early for appointments, and that it is unjust to have this derogatory action for a minor infraction after 35 years. He points out that the remarks in Section V show the clear intent of the commander that this was considered a minor infraction and should "preclude its consideration
or other favorable personnel action." He states that upon his separation from active duty he was awarded the Army Good Conduct Medal.
3. The applicant provides a copies of the DA Form 2627, an Honorable Discharge Certificate, discharge orders from the U.S. Army Reserve (USAR), and his DD Form 214 (Report of Separation from Active Duty) in support of his application.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicants failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant enlisted in the Regular Army on 12 March 1973 for a period of 3 years. He trained as a firefighter.
3. A DA Form 2627, dated 14 April 1973, shows that nonjudicial punishment was imposed against the applicant for failing to go at the time prescribed to his appointed place of duty. His punishment consisted of a forfeiture of pay, restriction, and extra duty. Section V of this form shows the entry, "The punishment imposed hereby will be administered in such a manner as to preclude its consideration in a possible promotion or other favorable personnel action." The applicant did not appeal the Article 15.
4. On 27 February 1975, the applicant extended his enlistment for a period of 1 month. On 11 April 1976, he was released from active duty and transferred to the USAR to complete his remaining service obligation. His DD Form 214 shows that he received the National Defense Service Medal and the Army Good Conduct Medal. On 12 March 1979, the applicant was honorably discharged from the USAR.
5. A review of the applicant's OMPF revealed a copy of the DA Form 2627 in question.
6. Army Regulation 640-10 (Individual Military Personnel Records), in effect at the time, stated that the DA Form 2627 for enlisted Soldiers would be permanently filed in the military personnel records jacket and the OMPF.
DISCUSSION AND CONCLUSIONS:
The applicant's contentions were carefully considered. However, there is no evidence that the DA Form 2627 was improperly imposed. The DA Form 2627 imposed on 14 April 1973 was properly filed in the applicants OMPF. Based on the foregoing, there is no basis for granting the applicant's request that the DA Form 2627 be removed from 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.
___________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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