IN THE CASE OF:	

		BOARD DATE:	  06 April 2010

		DOCKET NUMBER:  AR20100010112 


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 removal of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 11 August 1987, from his Official Military Personnel File (OMPF).

2.  The applicant states that the Article 15 was received over 22 years ago while his rank/grade was that of a specialist four (SP4)/E-4.  This Article 15 should never have been filed in his OMPF and should have been destroyed once he left the unit.  He has since advanced through the ranks, demonstrated his service to the Army through diverse assignments, several awards and decorations, two combat tours, and excellent evaluations.  He would like the Article 15 removed from his records.

3.  The applicant provides a copy of the DA Form 2627; a copy of his Enlisted Record Brief, dated 19 February 2010; a copy of his Signal Corps Regimental Association Bronze Order of Mercury Certificate, dated 2 July 2009; a copy of a First Sergeant Course certificate declaring him as the Honor Graduate, dated
19 December 2009; and a copy of a U.S. Forces Korea Scroll of Appreciation, dated 15 June 2009.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he initially enlisted in the Regular Army on 12 November 1985 and held military occupational specialty (MOS) 36M (Wire 

Systems Operator).  He was assigned to the 521st Signal Company, 86th Signal Battalion, Fort Huachuca, AZ.

2.  On 11 August 1987, he accepted nonjudicial punishment (NJP) under Article 15, UCMJ, for operating a vehicle while drunk on or about 18 July 1987.  His punishment consisted of a reduction to private first class (PFC)/E-3 (suspended until 8 November 1987), a forfeiture of $188.00, and 14 days of extra duty.  The imposing commander directed this Article 15 be filed in the restricted section of his OMPF.  Furthermore, the applicant elected not to appeal his punishment.

3.  His records further show that he served through multiple reenlistments in various positions, within and outside continental United States, and attained the rank/grade of master sergeant (MSG)/E-8.  He has also served two combat tours, received multiple awards and decorations, and outstanding evaluations.

4.  His Article 15 is currently filed on the restricted portion of his OMPF.

5.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files.  Chapter 7 contains guidance on appeals for removal of unfavorable information from the OMPF.  It states 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 applicant to provide evidence of a clear and convincing nature that the document is untrue or unjust, thereby warranting its alteration or removal from the OMPF.  It also provides provisions that allow the transfer of a DA Form 2627 from the performance portion to the restricted portion of the OMPF.  However, there are no provisions for removing a DA Form 2627 from the OMPF.  Where the OMPF is electronic, the restricted section and the performance section mean the restricted/performance section of the interactive Personnel Electronic Management System (iPERMS).

6.  Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to the administration of military justice.  Effective
10 August 1987, paragraph 3-37(b) stated, in pertinent part, that for Soldiers E-4 and below who have been in the Army less than three years as of the date punishment is imposed, the original DA Form 2627 will be filed locally in NJP files.  Such locally filed originals will be destroyed at the end of two years from the date of imposition of punishment or on the Soldier's transfer from the unit, whichever occurs first.  For these Soldiers, the imposing commander should annotate item 5 of DA Form 2627 as "Not Applicable" (N/A).

7.  Army Regulation 15-185 (Army Board for Correction of Military Records) provides that an application for correction of military records, associated 
documents, and the decision pertaining thereto will normally be filed in the OMPF of the individual concerned.  In those cases where such action would tend to nullify the relief provided the documents should be returned to the Board for permanent filing.

DISCUSSION AND CONCLUSIONS:

1.  The purpose of maintaining the OMPF is to protect the interests of both the Army and the Soldier.  In this regard, the OMPF serves to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods, and any corrections to other parts of the OMPF.  Once placed in the OMPF, the document becomes a permanent part of that file and may not be removed from or moved to another part of the OMPF unless directed by an appropriate authority.

2.  The applicant was an E-4 with 2-years time in service when punishment was imposed.  In accordance with regulatory guidance at the time, his DA Form 2627 should have been filed locally in NJP files.  As such, his DA Form 2627 was erroneously filed in his OMPF.  Therefore, his DA Form 2627 should be removed from his OMPF.  Additionally, these Proceedings should not be filed in the OMPF; therefore, all copies will be returned to the ABCMR for retention.

BOARD VOTE:

____X__  ____X___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  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 11 August 1987 from his OMPF.

2.  The Board further recommends that following completion of the administrative corrections directed herein, these Proceedings and all related documents be returned to this Board for permanent filing.



      __________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)                                         AR20100010112



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ABCMR Record of Proceedings (cont)                                         AR20100010112



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