IN THE CASE OF:
BOARD DATE: 3 January 2013
DOCKET NUMBER: AR20120011780
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 correction of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF), by removing his nonjudicial punishment (NJP) imposed on 16 March 2005.
2. The applicant states he received the subject NJP while he was in the rank/grade of private (PV1)/E-1.
3. The applicant provides:
* his memorandum to the Department of the Army Suitability Evaluation Board (DASEB), subject: Request for Transfer of Records, dated
21 February 2012
* DASEB's response, dated 30 May 2012
* his Enlisted Record Brief (ERB), dated 15 March 2012
CONSIDERATION OF EVIDENCE:
1. At the time of his application, the applicant was serving in the Regular Army in the rank/grade of staff sergeant (SSG)/E-6.
2. On 16 March 2005, the applicant, who was a PV1/E-1 at the time, accepted NJP under the provisions of Article 15, Uniform Code of Military Justice (UCMJ), for the wrongful use of methamphetamine, a schedule I controlled substance.
a. His punishment included a forfeiture of pay, and restriction and extra duty.
b. Paragraph 5 of the DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) was lined out indicating the document was not to be filed in the Performance or Restricted Section of the AMHRR.
3. The applicant's AMHRR currently contains a copy of the subject NJP in the Performance Section.
4. Army Regulation 27-10 (Military Justice) provides that the original DA Form 2627 for Soldiers serving in the pay grade of E-4 and below will be filed locally in unit NJP files and will be destroyed at the end of 2 years or on transfer to another General Court-Martial Convening Authority. Item 5 of the DA Form 2627 (filing directions) will be annotated with the term "Not Applicable."
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his AMHRR should be corrected by removing his NJP, dated 16 March 2005, because he was a PV1/E-1 at the time of imposition of the NJP action.
2. The evidence of record clearly shows the applicant received NJP on 16 March 2005 and that it was wrongfully filed in his AMHRR.
3. In view of the foregoing, the applicant's record should be corrected as recommended below.
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:
a. removing the DA Form 2627, dated 16 March 2005, from his AMHRR and
b. returning file copies of these proceedings to the Army Board for Correction of Military Records for disposition.
____________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) AR20120011780
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20120011780
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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