IN THE CASE OF:
BOARD DATE: 16 March 2010
DOCKET NUMBER: AR20090016729
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).
APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that his record be corrected by removing an Article 15 from his Official Military Personnel Files (OMPF).
2. The applicant states, in effect, that the Article 15 he received in April 1996 has surpassed it limitation date and will be an unfair disadvantage before the upcoming E8 (master sergeant) promotion board.
3. The applicant provides no additional documents in support of this application.
CONSIDERATION OF EVIDENCE:
1. The applicant's record shows his rank/grade at the time of the Article 15 was specialist (SPC)/E-4. The applicant is currently serving in the rank of sergeant first class (SFC) E-7 with a date of rank of 1 March 2004.
2. On 22 May 1996, the applicant accepted nonjudicial punishment (NJP) under Article 15, Uniform Code of Military Justice (UCMJ), for being absent without leave from 1 April 1996 to 17 April 1996. His punishment was reduction to specialist/pay grade E-4, suspended; a forfeiture of $651.00 per month for 2 months; and 45 days of extra duty. The commander imposing the NJP directed that it be filed in the restricted fiche of the OMPF.
3. Army Regulation 600-37 (Unfavorable Information) states that once an official document has been properly filed in the OMPF it is presumed to be administratively correct and to have been filed pursuant to an objective decision by competent authority. Thereafter, the burden of proof rests with the individual concerned to provide evidence of a clear and convincing nature that the document is untrue or unjust, in whole or in part, thereby warranting its alteration or removal from the OMPF.
4. Army Regulation 600-37 also states that records of non-judicial punishment may be transferred upon proof that their intended purpose has been served or that their transfer would be in the best interest of the Army. The burden of proof rests with the Soldier concerned to provide substantial evidence that these conditions have been met.
DISCUSSION AND CONCLUSIONS:
1. The applicant certainly has excelled as a Soldier as evidenced by his subsequent promotions. However, removal of the UCMJ action from his restricted fiche, which may ultimately enable him to be appointed to the highest noncommissioned officer grade in the Army, may remove a perceived injustice for the applicant but would certainly create an injustice for the Army by placing him on a level playing field with Soldiers whose service was not tainted by such misconduct or lapses in integrity.
2. In view of the foregoing, there is no error or injustice and there is no basis for granting the applicant's request.
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.
ABCMR Record of Proceedings (cont) AR20090016729
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090007418
Application for correction of military records (with supporting documents provided, if any). The appellant requests that a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)) be removed from the restricted portion of his Official Military Personnel File (OMPF). Army Regulation 600-37 also states that records of non-judicial punishment may be transferred upon proof that their intended purpose has been served or that their transfer would be in the...
ARMY | BCMR | CY2009 | 20090003496
The applicant requests, in effect, that his DA Forms 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 20 August 1984 and 14 May 1991, be removed from his official military personnel file (OMPF). Subsequently, the applicant elected not to appeal punishment and the imposing commander directed the DA Form 2627 be filed in the restricted portion of the applicant's OMPF. The evidence of record confirms that there are two 20 August 1984 DA Forms 2627...
ARMY | BCMR | CY2011 | 20110001653
The applicant requests removal of his DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) he received on 10 February 2005 from his Official Military Personnel File (OMPF). His record contains the DA Form 2627, which was administered on 10 February 2005. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by removing the DA Form 2627, dated 10 February 2005 and all related documents...
ARMY | BCMR | CY2011 | 20110017452
Application for correction of military records (with supporting documents provided, if any). The applicant requests removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 8 May 1986 from his official military personnel file (OMPF). File the DA Form 26272 (Record of Supplementary Action under Article 15, UCMJ) directing the action on the R fiche.
ARMY | BCMR | CY2012 | 20120008345
The applicant requests removal of the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) he received on 30 January 2008 from his official military personnel file (OMPF). The applicant's request to transfer the DA Form 2627 from the performance to the restricted section of his OMPF or to remove it completely was carefully considered. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected...
ARMY | BCMR | CY2011 | 20110013891
Since the applicant's records shows he had previously received an NJP and it was filed in the restricted section of his OMPF, the filing location for the second NJP was changed to the performance section of his OMPF in accordance with Army Regulation 27-10 (Military Justice). This Army regulation also states that documents authorized for filing in the restricted section are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty...
ARMY | BCMR | CY2009 | 20090006673
The applicant requests removal of a DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 15 October 1997, from his Official Military Personnel File (OMPF). It further indicates that there must be clear and compelling evidence to support the removal of a properly-completed, facially-valid DA Form 2627 from a Soldiers record by the ABCMR. There is no evidence the Article 15 was rescinded by anyone.
ARMY | BCMR | CY2008 | 20080007983
Further, the applicant has presented no evidence to show his Article 15 or assumption of command orders would normally be kept at the TDS office. Army Regulation 15-185 provides the policy, criteria, and administrative instructions regarding an applicant's request for the correction of a military record. Applicable regulation states that, once a document has been directed for filing in the OMPF, it is presumed to be administratively correct and to have been filed pursuant to an objective...
ARMY | BCMR | CY2007 | 20070003488
The applicant requests, in effect, that his record of punishment under Article 15, Uniform Code of Military Justice (UCMJ), dated 29 November 2006, be removed from his official military personnel file (OMPF). The decision to file the original DA Form 2627 on the P-Fiche or R-Fiche of the OMPF will be made by the imposing commander at the time punishment is imposed. It states, in pertinent part, that application for removal of an Article 15 from a Soldier's OMPF based on error or injustice...
ARMY | BCMR | CY2009 | 20090015304
The applicant requests, in effect, removal of a DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), dated 3 February 1997; and a General Officer Memorandum of Reprimand (GOMOR), dated 24 January 1997, from his Official Military Personnel File (OMPF). In the version in effect at the time of the applicant's misconduct, the DA Form 2627 would be filed as follows: "For Soldiers E-4 and below who have been in the Army less than three years as of the date punishment is imposed, the...