IN THE CASE OF:
BOARD DATE: 20 July 2010
DOCKET NUMBER: AR20100014243
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, UCMJ) [hereafter referred to as the erroneous Article 15] from his Official Military Personnel File (OMPF).
2. The applicant states that on 18 August 2009, he was administered punishment under Article 15, UCMJ. During the proceedings, he was found "not guilty" of charges I and V as they appear on the DA Form 2627. He states that approximately one month after he was read the Article 15, the erroneous report (which contained charges I, II, III, IV, V, and VI) appeared in his OMPF. He contends that when he confronted his brigade's legal department, his original
DA Form 2627 was corrected by lining through charges I and V [hereafter referred to as the corrected Article 15] and sending it for filing in his OMPF. As a result of this error, he now has the erroneous Article 15 and the corrected Article 15 in the performance portion of his OMPF.
3. The applicant provides a copy of the erroneous Article 15 and the corrected Article 15.
CONSIDERATION OF EVIDENCE:
1. The applicant's military service records show that he enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program (DEP) for a period of 8 years. On
5 November 1991 the applicant was discharged from the DEP and he enlisted in the Regular Army on 6 November 1991 for a period of 3 years. Upon completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 19K (Armor Crew Member). After subsequent reenlistments and receiving several promotions the applicant is still serving on active duty in the rank/grade of sergeant first class (SFC)/E-7.
2. A DA Form 2627 shows the applicant was issued an Article 15, UCMJ on
17 August 2009. The Article 15 displays the following charges:
a. Charge I - In that you did, at or near Louisville, KY, on or about 29 March 2009, violate a lawful general regulation, to wit: U.S. Army Recruiting Command (USAREC) Regulation 700-5 (Integrated Logistics Support), paragraph 2-4e (2), dated 15 December 2008, by wrongfully using a government owned vehicle for unofficial purposes by allowing Ms. [name removed] to operate a government owned vehicle. This is in violation of Article 92, of the UCMJ.
b. Charge II - In that you did, at or near Louisville, KY, on divers occasions between on or about 1 September 2008 and on or about 15 April 2009, violate a lawful general order, to wit: USAREC Message Number 06-181, dated September 2006, by wrongfully visiting a female applicant, without having at least one qualifying person present at all times. This is violation of Article 92 of the UCMJ.
c. Charge III - In that you did, at or near Louisville, KY, on divers occasions between on or about 15 April 2009, violate a lawful general order, to wit: USAREC 600-25 (Prohibited and Regulated Activities), paragraph 2-1a, dated 1 July 1991 and updated 4 February 2009, by wrongfully using a government owned cell phone for unofficial purposes. This is in violation of Article 92 of the UCMJ.
d. Charge IV - In that you did, at or near Louisville, KY, on divers occasions between on or about 1 September 2008 and on or about 15 April 2009, violate a lawful general regulation, to wit: USAREC Regulation 600-25, paragraph 2-1a, dated 1 July 1991 and updated on 4 February 2009, by wrongfully engaging in an unauthorized relationship with Ms. [name removed]. This is in violation of Article 92 of the UCMJ.
e. Charge V - In that you did, at or near Louisville, KY, on between on or about 15 February 2009 and on or about 15 March 2009, strike Ms. [name removed] in the face with your hand. This is in violation of Article 128 of the UCMJ.
f. Charge VI - In that you a married man, did, at or near Louisville, KY, on divers occasions between on or about 1 September 2008 and 15 April 2009, wrongfully have sexual intercourse with Ms. [name removed], a woman not your wife. This is in violation of Article 134 of the UCMJ.
3. The performance section of the applicant's OMPF contains two copies of the DA Form 2627 for the same offenses. A review of these documents shows that one of the DA Forms 2627 distinctly has charges I and V stricken from the form.
DISCUSSION AND CONCLUSIONS:
The applicant's request for removal of the erroneous Article 15 from his OMPF is supported by the evidence. It is unclear why the erroneous Article 15 was sent opposed to the corrected Article 15; however, it appears that an administrative error occurred during the filing process. Unfortunately, both DA Forms 2627 were mistakenly filed in the applicants OMPF. Therefore, it would be appropriate to remove the erroneous Article 15, which contains all the original charges, from his OMPF.
BOARD VOTE:
__X_____ __X____ __X_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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 erroneous DA Form 2627 from his OMPF.
__________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) AR20100014243
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ABCMR Record of Proceedings (cont) AR20100014243
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