BOARD DATE:	  9 August 2012

		DOCKET NUMBER:  AR20120009915 


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)) and supporting documents from her official military personnel file (OMPF).  

2.  The applicant states that God is first in her life now.  She and her husband received counseling.  She has taken responsibility for her actions and grown as a noncommissioned officer.  She understands the total Soldier concept, a Soldier has to be a leader on and off duty.  She would like to become a warrant officer.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military record shows she enlisted in the Regular Army (RA), in pay grade E-1, on 15 February 2000.  She was promoted to pay grade E-5 on 1 March 2005.  

2.  A DA Form 3881 (Rights Warning Procedure/Waiver Certificate), dated 4 July 2007, shows an investigation revealed the applicant had an inappropriate relationship that resulted in a pregnancy.

3.  A DA Form 2823 (Sworn Statement), dated 4 July 2007, shows the applicant acknowledged having a sexual relationship with another Soldier, not her husband, and the resulting pregnancy.
4.  A DA Form 2823, dated 5 July 2007, shows the individual concerned acknowledged having a relationship with the applicant, not his wife, from September 2006 to May 2007.

5.  On 5 July 2007, a Report to Suspend Favorable Personnel Actions was initiated against the applicant for adverse action.

6.  In July 2005, the applicant's company commander requested nonjudicial punishment (NJP) action be taken against the applicant.

7.  On 24 July 2007, she accepted NJP under Article 15, UCMJ, for wrongfully having an inappropriate relationship with another Solider, a married man not her husband, between 1 September 2006 and 31 May 2007.  Her punishment included a reduction to pay grade E-4, a forfeiture of $1,000 pay for 2 months, and 45 days of extra duty and restriction (suspended).  

8.  Her commander directed the DA Form 2627 be filed in the restricted portion of the applicant's OMPF.  She was also advised of her right to appeal the punishment and she elected not to appeal the punishment.

9.  She reenlisted in the RA in pay grade E-5 on 27 August 2010 and is currently serving in an active duty status.

10.  Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to the administration of military justice.  Chapter 3 states that NJP s imposed to correct misconduct, as a result of intentional disregard of or failure to comply with prescribed standards of military conduct, in violation of the UCMJ.  NJP may be set aside or removed upon a determination that, under all the circumstances of the case, a clear injustice has resulted.  

11.  Army Regulation 27-10, paragraph 3-37g specifies that allied documents will be transmitted for administrative convenience with the original DA Form 2627 for filing on the restricted portion of the OMPF.  Paragraph 3-43 contains guidance on the transfer or removal of records of NJP (DA Form 2627) from the OMPF.  It states that application for removal of a DA Form 2627 from a Soldier's OMPF based on an error or injustice will be made to the Army Board for Correction o Military Records (ABCMR).  It further states that there must be compelling evidence to support the removal of a properly completed, facially valid DA Form 2627 from a Soldier’s record by the ABCMR.




12.  Army Regulation 600-8-104 (Military Personnel Information Management/
Records) prescribes the policies governing the OMPF, the Military Personnel Records Jacket, the Career Management Individual File, and the Army Personnel Qualification Record.  It also prescribes the composition of the OMPF.  Paragraph 2-4 of this regulation states that once a document is placed in the OMPF it becomes a permanent part of that file and will not be removed from that file or moved to another part of the file unless directed by the proper authorities listed in the regulation. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests removal of a DA Form 2627 which was properly filed in the restricted portion of her OMPF.  

2.  The evidence shows the applicant and another Soldier admitted to having an inappropriate relationship with each other, not their respective spouses, from September 2006 to May 2007.  The applicant was subsequently administered NJP for this misconduct.  At the time of the NJP, she was advised of her rights and did not appeal the punishment.  It was directed the NJP be filed in the restricted portion of her OMPF.

3.  Her contentions were noted and found not to have merit.  She has not provided convincing evidence that the DA Form 2627 is untrue or unjust, in whole, or in part, to support her request for removal from her OMPF.  By regulation, there must be compelling evidence to support the removal of a properly completed, facially valid DA Form 2627 from a Soldier’s record.  Absent any evidence meeting this regulatory standard there is an insufficient evidentiary basis to support removing the DA Form 2627 and supporting documents in question from her OMPF.  

4.  In view of the foregoing, there is no basis for granting her request.

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 that 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)                                         AR20120009915



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ABCMR Record of Proceedings (cont)                                         AR20120009915



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