BOARD DATE: 8 November 2011
DOCKET NUMBER: AR20110019264
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, in effect, removal of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice) and supporting documents from the restricted section of his official military personnel file (OMPF).
2. The applicant states, in effect, the record of nonjudicial punishment (NJP) and accompanying letter of reprimand is the only blemish on his record of over 16 years of service and should never nave been placed in his OMPF. He states the incident in question involved defending himself from being assaulted by his jealous ex-wife and his commander thought he could have handled the situation better.
3. The applicant provides a copy of the DA Form 2627 and supporting documents.
CONSIDERATION OF EVIDENCE:
1. The applicant enlisted in the Regular Army on 3 January 1996 for a period of 3 years. He successfully completed training and has remained on active duty through a series of continuous reenlistments. He was promoted to pay grade E-5 on 1 January 1999.
2. On 17 March 2003 while serving at Fort Polk, Louisiana, NJP was imposed against the applicant for assaulting a female private first class by placing his hands around her neck. The applicant did not demand trial by court-martial. He requested an open hearing, someone to speak in his behalf, and indicated he would present matters in defense, mitigation, and extenuation. The punishment imposed consisted of a letter of reprimand and the imposing commander directed filing the DA Form 2627 in the restricted section of the applicant's OMPF. The applicant did not appeal the NJP.
3. The applicant was promoted to pay grade E-6 on 1 February 2007. He deployed to Iraq from 1 June 2008 to 30 May 2009. He was promoted to pay grade E-7 on 1 July 2010.
4. Army Regulation 27-10 (Military Justice) prescribes the guidelines for filing of NJP. It states the decision to file the original DA Form 2627 in the performance or restricted section of the OMPF will be determined by the imposing commander at the time punishment is imposed. Personnel serving in pay grade E-4 or below with less than 3 years of service will have the DA Form 2627 filed in the local unit military justice files. Personnel serving in pay grade E-4 with 3 or more years of service will have the DA Form 2627 filed in the OMPF. The filing decision of the imposing commander is final and will be indicated in item 5 of the DA Form 2627.
5. Paragraph 3-37 of Army Regulation 27-10 provides the filing determination for the DA Form 2627 and associated documents. It states the restricted section of the OMPF is that portion of the OMPF that contains information not normally viewed by career managers or selection boards.
DISCUSSION AND CONCLUSIONS:
1. It appears that NJP was imposed in compliance with applicable laws, regulations, and policies by a commander empowered to do so. The NJP and associated documents were properly filed in the restricted section of his OMPF as directed by the imposing commander.
2. While the applicant's concerns are understood, the Army has an interest in maintaining such documents and the applicant has not shown sufficient reasons why it should not remain a matter of record, even after considering his entire record.
3. Absent evidence to show an error or injustice exists in his case, there appears to be no basis to remove the requested documents from his OMPF.
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 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) AR20110019264
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