IN THE CASE OF:
BOARD DATE: 24 March 2011
DOCKET NUMBER: AR20100023790
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 (Summarized Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) pertaining to another individual be removed from his record.
2. He states the DA Form 2627 belongs to another individual with the same name, but with a different social security number (SSN) and service number.
3. He provides copies of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) and the DA Form 2627.
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 applicant's 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 applicant's 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 27 June 1968. He was honorably released from active duty on 22 June 1971.
3. His record shows he enlisted under the name T____ A____ R____ and SSN XXX-XX-XXX5. The record shows he served under that name and SSN throughout his enlistment.
4. A DA Form 2627 in the applicant's official military personnel file (OMPF) shows an individual named T____ J. R____ with SSN XXX-XX-XXX7 received nonjudicial punishment on 10 February 1970 under Article 15 of the UCMJ for an infraction he committed on 8 February 1970 at Baumholder, Germany, while assigned to Company C, 1st Battalion, 13th Infantry.
5. His record is void of documentation showing he served in Germany with the 13th Infantry.
6. The version of Army Regulation 27-10 (Legal Services - Military Justice) in effect at the time stated that a DA Form 2627 would be prepared in an original and two copies. The original was to be sent to the U.S. Army Personnel Services Support Center, Fort Benjamin Harrison, IN, for filing as a permanent document in the OMPF, one copy was to be placed in the individual's military personnel records jacket, and one copy was to be given to the individual.
DISCUSSION AND CONCLUSIONS:
The evidence shows the DA Form 2627 in the applicant's OMPF belongs to another Soldier and was improperly filed. He is entitled to removal of this document 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 the evidence presented is 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 from his OMPF the DA Form 2627, dated 10 February 1970.
_______ _ 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) AR20100023790
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ABCMR Record of Proceedings (cont) AR20100023790
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