IN THE CASE OF: 

		BOARD DATE:	  6 November 2012

		DOCKET NUMBER:  AR20120015786 


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)) imposed on
24 February 2010 from her Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File (OMPF).

2.  The applicant states:

* She received a company grade Article 15 in February 2010
* She is trying to get Department of the Army selected to go to recruiting
* She cannot do this with the Article 15 in her records

3.  The applicant provides:

* A letter from the DA Suitability Evaluation Board (DASEB), Arlington, VA, dated 10 May 2012, that includes:

* her letter to the DASEB, dated 9 February 2012
* a character reference letter by Captain (CPT) JPJ, dated 18 March 2012
* a character reference letter by Staff Sergeant (SSG) JMG, dated
13 March 2012

* Three DA Forms 2166-8 (Noncommissioned Officer (NCO) Evaluation Reports (NCOER)) for the period ending 27 February 2010, 27 February 2011, and 27 February 2012
* her Enlisted Record Brief (ERB), dated 9 February 2012

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Amy on 16 August 2000.  She has remained on active duty through continuous reenlistments.  She was promoted to sergeant (SGT)/E-5 on 1 February 2006.

2.  A DA Form 2627, dated 24 February 2010, shows she accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ for being disrespectful in deportment toward an SSG by hanging up the phone on him.  In a closed hearing and having considered all matters presented, the imposing commander found the applicant guilty of all specifications and directed the DA Form 2627 be filed in the performance section of her AMHRR.  She elected not to appeal the imposed punishment.

3.  She was promoted to SSG/E-6 on 1 March 2010.

4.  Her evaluation history since receiving the Article 15 includes two NCOERs, for the periods ending 27 February 2011 and 27 February 2012.

	a.  the NCOER for the period ending 27 February 2011 shows her rater marked the block "Fully Capable" for overall potential for promotion and/or service in positions of greater responsibility.  Her senior rated rater her "Successful – block 2" for overall performance and "Superior – block 2" for overall potential for promotion and/or service in positions of greater responsibility.

	b.  the NCOER for the period ending 27 February 2012 shows her rater marked the block ""Among the Best" for overall potential for promotion and/or service in positions of greater responsibility.  Her senior rated rater her "Successful – block 2" for overall performance and "Superior – block 1" for overall potential for promotion and/or service in positions of greater responsibility.

5.  On 9 February 2012 the applicant requested the DASEB remove the imposed Article 15 from her AMHRR.  In her application she provided a self-authored statement outlining the basis for her request.  She also provided a character reference letter from a CPT JPJ and a SSG JMG who attest:

* She is a model leader and NCO
* Her leadership, experience, and talent as a trainer make her the perfect candidate for any assignment


* Her food service knowledge and work ethic were always of the highest caliber
* She is considered an excellent leader by the battalion leadership

6.  On 10 May 2012, the DASEB informed the applicant that their board did not have the authority to remove records of NJP from her AMHRR.  As such, she was referred to the Army Board for Correction of Military Records (ABCMR) for consideration.

7.  A review of her AMHRR on iPERMS contains a copy of the subject DA Form 2627 in the performance and restricted sections.

8.  Army Regulation 600-37 (Unfavorable Information) sets forth policies and procedures to authorize placement of unfavorable information about Army members in individual official personnel files; to ensure that unfavorable information that is unsubstantiated, irrelevant, untimely, or incomplete is not filed in individual official personnel files; and to ensure that the best interests of both the Army and the Soldiers are served by authorizing unfavorable information to be placed in and, when appropriate, removed from official personnel files.

9.  Army Regulation 27-10 (Military Justice) prescribes the policies and procedures pertaining to the administration of military justice.  Chapter 3 implements and amplifies Article 15, UCMJ, and Part V, MCM.  It states, in pertinent part, that the decision whether to file a record of NJP on the performance portion of a Soldier's AMHRR rests with the imposing commander at the time punishment is imposed.

10.  Paragraph 3-43 of this regulation contains guidance on the transfer or removal of records of NJP from the AMHRR.  It states that applications for removal of an Article 15 from the AMHRR based on an error or injustice will be made to the ABCMR.  It further indicates that there must be clear and compelling evidence to support the removal of a properly completed, facially valid DA Form 2627 from a Soldier's record by the ABCMR.

11.  Army Regulation 600-8-104 (Army Military Human Resources Record Management), formerly known as "Military Personnel Information Management/
Records," prescribes the policies governing the AMHRR, the Military Personnel Records Jacket, the Career Management Individual File, and Army Personnel Qualification Records.  Table 2-1 of the regulation provides, in pertinent part, that a DA Form 2627 will be filed in the performance or restricted section of the AMHRR as directed by the issuing commander (item 5 on the DA Form 2627).  Allied documents accompanying the Article 15 will be filed in the restricted section.
DISCUSSION AND CONCLUSIONS:

The applicant's contentions and the supporting documentation she provided were carefully considered.  However, there is no evidence that the DA Form 2627 was improperly imposed.  The DA Form 2627 imposed on 24 February 2010 is properly filed in the applicant's AMHRR.  Therefore, there is an insufficient evidentiary basis for granting the applicant's requested relief.

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)                                         AR20120015786



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ABCMR Record of Proceedings (cont)                                         AR20120015786



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