IN THE CASE OF:	  

		BOARD DATE:	  17 January 2013

		DOCKET NUMBER:  AR20120012501 


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 three DA Forms 2627 (Records of Proceedings Under Article 15, UCMJ (Uniform Code of Military Justice)), dated 22 September 1976, 25 October 1977, and 22 August 1979, that are filed in the performance section of her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File.

2.  The applicant states she was 19 years of age when she entered military service in 1973.

   a.  During her initial enlistment, she received nonjudicial punishment (NJP) on three occasions for failing to report for charge of quarters (CQ) duty, missing formation for physical training (PT), and disobeying a lawful order by being in the male barracks.  All punishments were suspended, except for the forfeiture of $100.00 pay for one month, which was imposed by the last NJP.

   b.  She was recently told the NJP should be removed from her AMHRR.  She adds that she is now 55 years of age, serving in the rank of sergeant first class (SFC)/pay grade E-7, and being considered for promotion to master sergeant (MSG)/pay grade E-8.

3.  The applicant provides no additional documentary evidence.


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the U.S. Army Reserve (USAR) Delayed Entry Program on 15 May 1975.  She enlisted in the Regular Army on 14 January 1976.  At the time, she was 1 month shy of her 19th birthday.  Upon completion of training she was awarded military occupational specialty 73C (Finance Specialist).

2.  A review of the applicant's AMHRR maintained in the interactive Personnel Electronic Records Management System (iPERMS) revealed the following:

   a.  A DA Form 2627, dated 22 September 1976, imposed as punishment for her misconduct on 6 September 1976 (i.e., of failing to go to her appointed place of duty – CQ duty), is filed in the performance section of the applicant's record.  Her punishment was 7 days of extra duty, 7 days of restriction, reduction to grade
E-1, and forfeiture of $75.00 for 1 month.  The punishments of reduction to grade E-1 and forfeiture of $75.00 for 1 month were suspended for 90 days.

   b.  A DA Form 2627, dated 25 October 1977, imposed as punishment for her misconduct on 21 September 1977 (i.e., of failing to go to her appointed place of duty - PT formation), is filed in the performance section of the applicant's record.  Her punishment was 14 days of extra duty (suspended for 30 days).

   c.  A DA Form 2627, dated 22 August 1979, imposed as punishment for her misconduct on 9 August 1979 (i.e., of disobeying a lawful order by being in the male barracks), is filed in the performance section of the applicant's record.  Her punishment was forfeiture of $100.00 for 1 month and reduction to grade E-1. The punishment of reduction to grade E-1 was suspended for 90 days.

3.  The applicant was honorably separated on 11 January 1980.

4.  She had a break in military service from 12 January 1980 to 15 March 1983. 

5.  The applicant enlisted in the USAR on 16 March 1983.  She also served honorably on active duty, as follows:

* from 3 November 1986 through 1 December 1995
* from 17 January 2003 through 28 July 2004
* from 15 March 2009 through 27 June 2009
* from 14 September 2009 through 25 July 2010 (Iraq during the period 
	1 November 2009 to 18 July 2010)

6.  On 18 February 2004, the applicant was notified of her eligibility for retired pay at age 60.

7.  The applicant was promoted to the grade of SFC/E-7 on 1 November 2004.

8.  A review of the applicant's military service records failed to reveal evidence of any other disciplinary actions or adverse information.

9.  Army Regulation 600-8-104 (AMHRR) provides policies, operating tasks, and steps governing the AMHRR.  Depending on the purpose, documents will be filed in the AMHRR in one of six sections:  performance, service, restricted, medical, other, or State/Territory.  Once placed in the AMHRR, the document becomes a permanent part of that file.

	a.  Table B-1 (Authorized Documents) provides guidance for filing the
DA Form 2627.  The DA Form 2627 will be filed in either the performance or restricted section of the AMHRR.  No UCMJ, Article 15, or supporting documents will be filed for E-4 (corporal) and below.  It also shows that  forms recording punishments imposed on a Soldier before 1 November 1982 that are filed in the performance or restricted section will remain filed, subject to the provisions of Army Regulation 27–10 (Military Justice).

	b.  The restricted section of the AMHRR is used for historical data that may normally be improper for viewing by selection boards or career managers.  The release of information in this section is controlled.  It may not be released without written approval from the Commander, U.S. Army Human Resources Command or the Headquarters, Department of the Army, selection board proponent.  Documents in the restricted section of the AMHRR are those that must be permanently kept to maintain an unbroken, historical record of a Soldier's service, conduct, duty performance, and evaluation periods; show corrections to other parts of the AMHRR; record investigation reports and appellate actions; and protect the interests of the Soldier and the Army.

10.  Army Regulation 27-10, chapter 3 (NJP), implements and amplifies Article 15, UCMJ, and Part 5, Manual for Courts-Martial.

   a.   Paragraph 3-43 (Transfer or removal of records of NJP) provides that enlisted Soldiers (E-5 and above) and officers may petition the Department of the Army Suitability Evaluation Board for transfer of records of NJP from the performance to the restricted section of the AMHRR.  To support the request, the person must submit substantive evidence that the intended purpose of the Article 15 has been served and that the transfer is in the best interest of the Army.

   b.  Paragraph 3-43, subparagraph e, states that Army Regulation 15-185 (Army Board for Correction of Military Records (ABCMR)) contains policy and procedures for applying to the ABCMR and for the correction of military records by the Secretary of the Army.  Requests should be sent to the ABCMR to correct an error or remove an injustice only after other available means of administrative appeal have been exhausted.  Absent evidence to the contrary, a properly completed, facially valid DA Form 2627 will not be removed from a Soldier's record by the ABCMR.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the three DA Forms 2627 that are filed in the performance section of her AMHRR should be removed from her AMHRR.

2.  The evidence of record shows the three DA Forms 2627 were properly administered.
	
	a.  The DA Forms 2627 are properly filed in the performance section of the applicant's AMHRR.

   b.  The applicant acknowledges that the NJPs were not imposed in error nor were they unjust and she takes full responsibility for her actions.

3.  The applicant's request for removal of the NJP filed in the performance section of her AMHRR has been carefully considered.

   a.  By regulation, in order to remove a DA Form 2627 from the AMHRR, there must be compelling evidence to support its removal.  The applicant's service since imposition of the NJP is noteworthy.  However, the applicant failed to submit evidence of a compelling nature to show that the three DA Forms 2627 that are filed in her AMHRR are untrue, in error, or unjust.  Therefore, the 
DA Forms 2627 should not be removed from the applicant's AMHRR.

   b.  Despite the above, the applicant's request is found to have partial merit.

	 	(1)  The evidence of record shows the incidents of misconduct for which the three DA Forms 2627 were issued occurred more than 33 years ago.

    	(2)  The applicant's military service and professionalism since that time, as documented by her long career of continued service and progression through the 


enlisted ranks by attaining the grade of SFC/E-7, show the applicant has learned and grown, both personally and professionally.

   c.  Therefore, there is substantial evidence to conclude that it would serve the best interest of the U.S. Army to grant the applicant partial relief by transferring the three DA Forms 2627 to the restricted section of her AMHRR, which might assure the U.S. Army the benefit of the applicant's continued service.

4.  In view of the facts of this case, it would be appropriate to correct the applicant's record by transferring the three DA Forms 2627, dated 22 September 1976, 25 October 1977, and 22 August 1979, that are filed in the performance section of her AMHRR to the restricted section of her AMHRR.

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 transferring the three DA Forms 2627, dated 22 September 1976, 25 October 1977, and 22 August 1979, from the performance section of her AMHRR to the restricted section of her AMHRR.

2.  This Record of Proceedings and associated documents will be filed in the restricted section of the individual's AMHRR.

3.  The Board further determined 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 the three DA Forms 2627 from her AMHRR.




      _______ _   _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)                                         AR20120015630



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ABCMR Record of Proceedings (cont)                                         AR20120012501



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