IN THE CASE OF:
BOARD DATE: 28 February 2012
DOCKET NUMBER: AR20110016601
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 2627-1 (Record of Proceedings under Article 15, UCMJ), dated 3 January 1968, be removed from his Official Military Personnel File (OMPF). He also requests any awards that he may be entitled to receive.
2. The applicant states the DA Form 2627-1 should have been removed from his records 6 months after it was imposed against him; however, it was never removed.
3. The applicant provides a one-page statement explaining his application, a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), and a copy of the contested DA Form 2627-1.
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 30 July 1965 for a period of 3 years and training as a clerk-typist. He completed all required training and he was transferred to Germany on 13 December 1965 for assignment to an engineer company.
3. On 17 May 1966, he departed Germany for assignment to Fort Lewis, Washington.
4. On 3 January 1968, nonjudicial punishment (NJP) was imposed against him for smoking on his guard post. The applicant did not appeal his punishment and the DA Form 2627-1 was filed in his official records.
5. On 7 March 1968, NJP was imposed against him for violating a lawful regulation by possessing an alcoholic beverage in the barracks. The applicant did not appeal his punishment and the DA Form 2627-1 was filed in his official records.
6. On 29 July 1968, he was honorably released from active duty (REFRAD) on his expiration term of service date. He had served 3 years of total active service and his DD Form 214 issued at the time of his REFRAD indicates that he was awarded the National Defense Service Medal and the Marksman Marksmanship Badge with Rifle Bar.
7. His records do show that he had "excellent" conduct and efficiency ratings throughout his service and his record is void of any other derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM).
8. Army Regulation 27-10 (Military Justice) prescribes the guidelines for filing of NJP. The regulation in effect at the time provided for the permanent filing of all records of NJP in the OMPF.
9. Army Regulation 672-5-1 (Decorations and Awards), in effect at the time, stated the AGCM was awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year. The enlisted person must have had all "excellent" conduct and efficiency ratings.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that the NJP record, dated 3 January 1968, should be removed from his OMPF has been noted and found to lack merit.
2. There was not then nor is there now any provision for removing a record of NJP from an official record simply because of the passage of time and the applicant has not provided sufficient reason for doing so at this time.
3. Inasmuch as he has two records of NJP filed in his OMPF, it does not appear that the removal of one would serve any constructive purpose.
4. However, the records of NJP filed in his OMPF are for offenses of a minor nature that would not necessarily disqualify him for award of the AGCM and the applicants records are void of any other derogatory information or actions by the commander that would serve to disqualify him for award of the AGCM. Accordingly, he should be awarded the AGCM (1st Award) for the period 30 July 1965 to 29 July 1968.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ____X____ ____X____ 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 partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by
awarding him the AGCM (1st Award) for the period 30 July 1965 to 29 July 1968 and adding it to his DD Form 214.
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to removing a DA Form 2627-1 dated 3 January 1968 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) AR20110016601
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110016601
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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