IN THE CASE OF:
BOARD DATE: 30 May 2013
DOCKET NUMBER: AR20120020899
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 pay grade on his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that while on a mobilized tour Colonel (COL) J____ C____, the troop commander, informed him that he was being reduced from
E-5 to E-4. COL C____ never submitted that paperwork for the demotion. Upon clearing active duty 4 months later to return to his reserve status, the military finance office took it upon themselves to submit the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)) they obtained from the company commander. COL C____ released him from active duty (REFRAD) as an E-5 according to his DD Form 214. His REFRAD orders, dated 12 October 2012, as well as an award signed by COL C____, show his rank as sergeant (SGT). All of his military records continue to show his rank/grade as SGT/E-5, except for his military pay.
3. The applicant provides copies of his:
* Army Achievement Medal Certificate
* REFRAD orders
* DD Form 214
CONSIDERATION OF EVIDENCE:
1. The applicant is a specialist (SPC) in the U.S. Army Reserve (USAR).
2. On 15 September 2010, the applicant was ordered to active duty for operational support and to report to Tripler Army Medical Center (TAMC), Hawaii,
for a period of 365 days.
3. On 19 June 2012, the applicant, then a SGT, accepted nonjudicial punishment (NJP) under the provisions of Article 15, UCMJ for violation of Article 92 (wrongfully engaging in a prohibited relationship with another Soldier), and Article 93 (maltreating another Soldier, subject to his orders). The NJP further shows:
a. he did not demand trial by court-martial;
b. he requested a closed hearing and to have someone speak on his behalf; and
c. he indicated that matters in defense, extenuation, and/or mitigation would be presented.
4. On 19 June 2011, the imposing commander found the applicant guilty of the charges and directed the DA Form 2627 be filed in the restricted section of his Army Military Human Resource Record (AMHRR). The punishment was: Reduction to specialist/E-4. He did not appeal.
5. The NJP, with related documents, is filed in the restricted section of the applicant's AMHRR.
6. In the processing of this case, an advisory opinion was obtained from the Chief, Personnel Management Division, Office of the Deputy Chief of Staff, G-1, Headquarters U.S. Army Reserve Command. The advisory official indicated the applicant's rank is SPC/E-4, based on:
a. While on Active Duty for Operational Support (ADOS), the applicant was attached for UCMJ to TAMC. As a result of his misconduct, the Commander, TAMC, imposed punishment under Article 15. The punishment included reduction to SPC/E-4 and filing of the NJP in the restricted section of his AMHRR.
b. The proceedings are valid, the reduction has been processed in the applicant's finance and personnel records, and the DA Form 2627 has been filed in the restricted section of the applicant's Interactive Personnel Electronic Record Management System (iPERMS) file.
c. As an active duty installation, TAMC does not maintain access to Army Reserve personnel and finance files. As a result, some data may be lost or inaccurately reported upon a Soldier's REFRAD. Occasionally a DD Form 214 and REFRAD orders are not processed appropriately and must be amended. When the applicant's ADOS tour was complete, the DD Form 214, REFRAD orders, and an award order did not accurately reflect the reduction. However, this does not negate the legal actions taken.
d. Army Reserve G-1 has taken the following corrective actions: the REFRAD orders have been amended, and a DD Form 215 (Correction to DD Form 214) has corrected the original DD form 214 to reflect the correct pay grade. These documents have been forwarded to the applicant's iPERMS file. Additionally, an amendment to the award order has been requested and will be filed in the applicant's iPERMS record as well.
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant accepted NJP and the punishment was reduction to SPC E-4. He did not appeal.
2. The applicant was originally issued a DD Form 214, REFRAD orders, and an Army Achievement Medal showing his grade as SGT.
3. As stated in the advisory opinion, TAMC is an active duty installation, and does not maintain access to Army Reserve personnel and finance files. As a result, some data may be lost or inaccurately reported upon a Soldier's REFRAD. Occasionally a DD Form 214 and REFRAD orders are not processed appropriately and must be amended. When the applicant's ADOS tour was complete, the DD Form 214, REFRAD orders, and an award order did not accurately reflect the reduction. However, this does not negate the legal actions taken.
4. Army Reserve G-1 has taken the following corrective actions: the REFRAD orders have been amended, and a DD Form 215 has corrected the original DD Form 214 to reflect the correct pay grade. These documents have been forwarded to the applicant's iPERMS file. Additionally, an amendment to the award order has been requested and will be filed in the applicant's iPERMS record as well.
5. In view of the above, the applicant's request should be denied.
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) AR20120008325
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120020899
4
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2013 | 20130009709
Application for correction of military records (with supporting documents provided, if any). The applicant requests the DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), be removed from: * the performance and restricted folders of his Official Military Personnel File (OMPF), now known as the Army Military Human Resource Record (AMHRR) * all civilian law enforcement databases 2. NJP may be imposed to correct, educate, and reform offenders who...
ARMY | BCMR | CY2014 | 20140001649
The applicant requests: * removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 23 February 2012, from his Army Military Human Resource Record (AMHRR) * cancellation of the recoupment action of his Foreign Language Proficiency Pay (FLPP) and payment for the months it was stopped * removal of the non-concurrence statements from his DA Form 2166-8 (Noncommissioned Officer Evaluation Report (NCOER)) for the rating period 2 September...
ARMY | BCMR | CY2015 | 20150002782
The applicant requests removal of the DA Form 2627 (Record of Proceedings Under Article 15, Uniform Code of Military Justice (UCMJ)), dated 23 July 1987 from the restricted folder of his official military personnel file (OMPF). c. Army Regulation 27-10, paragraph 3-37(b) (1) directs for Soldiers who are at the rank of specialist (SPC) or corporal (CPL) and below (prior to punishment) the original DA Form 2627 will be filed locally in unit nonjudicial punishment or unit personnel files. ...
ARMY | BCMR | CY2013 | 20130007968
Counsel requests correction of the applicant's records as follows: * set aside the punishment imposed by Article 15, Uniform Code of Military Justice (UCMJ) on 22 February 2011 * removal of the DA Form 2627 (Record of Proceedings Under Article 15, UCMJ) from the performance section of his Army Military Human Resource Record (AMHRR) * retroactive promotion to sergeant first class (SFC)/E-7 2. COL RHL alleged the applicant was AWOL from his unit from 23 November 2010 until 19 January 2011, in...
ARMY | BCMR | CY2012 | 20120003272
The applicant requests transfer of a DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ)), dated 10 May 2002, from the performance section to the restricted section of her Army Military Human Resources Record (AMHRR), formerly known as the Official Military Personnel File (OMPF). This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of...
ARMY | BCMR | CY2013 | 20130008383
The applicant requests: a. her DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 1 June 2003 be added to her Army Military Human Resource Record (AMHRR) on the interactive Personnel Electronic Records Management System (iPERMS). The applicant provides: * two applications * page 4 of her Army Board for Correction of Military Records (ABCMR) Record of Proceedings, dated 15 November 2012 * DD Form 214 for the period ending 1 June 2003 CONSIDERATION OF...
ARMY | BCMR | CY2012 | 20120018204
The applicant requests removal of an Article 15 from his records. Item 4b (filing instructions) of the DA Form 2627 (Record of Proceedings Under Article 15, UCMJ), regarding the filing of the Article 15 in the performance or the restricted section of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, is shown as "N/A" (Not Applicable) since the applicant was an E-4 and below at the start of the proceedings. 4. Review of the applicant's...
ARMY | BCMR | CY2009 | 20090019663
The applicant requests correction of his records to show his correct rank at the time of his discharge from the U.S. Army Reserve (USAR). There is no evidence, and the applicant provides insufficient evidence, to show that he was promoted to SGT subsequent to his reduction to SPC and prior to the date of his discharge from the USAR on 19 November 2008. Based on the foregoing and the available evidence, it is concluded that the applicant's rank is correct as shown on his discharge orders...
ARMY | BCMR | CY2013 | 20130013380
The applicant requests setting aside of a DA Form 2627 (Record of Proceedings under Article 15, UCMJ (Uniform Code of Military Justice)), dated 8 August 2011. Moreover, the evidence of record shows the TDS attorney provided a memorandum to the battalion commander requesting consideration of specific matters when reviewing the applicant's Article 15. b. However, the evidence of record shows the applicant's TDS attorney for the appeal provided a memorandum to the brigade commander requesting...
ARMY | BCMR | CY2012 | 20120010408
The applicant provides: * self-authored statements * DA Form 2627 * 3 sets of orders from the U.S. Army Installation Management Command, Headquarters, U.S. Army Garrison, Fort Stewart/Hunter Army Airfield, Army Personnel Processing Center, MacDill Air Force Base, FL, as follows: * Orders Number 268-014, dated 25 September 2009 * Orders Number 280-011, dated 7 October 2009 * Orders Number 282-011, dated 9 October 2009 * two DA Forms 4187, dated 6 October 2009 and 17 October 2009 * memorandum...